Tips On Maximizing Patent Term Adjustment

Law360, New York (November 16, 2010, 2:47 PM EST) -- As originally enacted in 1995, the “20-year term”[1] for U.S. patents could only be extended up to five years as a result of certain U.S. Patent and Trademark Office delays, such as a secrecy order, an interference proceeding or a successful appeal.[2]

In 2000 the patent term adjustment provisions were enacted to extend the term of a patent to compensate for these and various other USPTO delays, such as delays in mailing the first office action or in issuing the patent.[3] In general, PTA extends the...
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