Judge's Rebuke Of USPTO Paves Way For Longer Patent Terms

Law360, New York (November 7, 2012, 8:10 PM EST) -- A judge's recent ruling for drugmaker Exelixis Inc., which found that the U.S. Patent and Trademark Office had incorrectly interpreted the patent term adjustment statute, opens the door for many patent owners to extend the lives of their patents, according to one expert.

The USPTO grants patent term adjustments to compensate for delays in the examination process that cut into a patent's effective term. Exelixis argued that in some circumstances, the office improperly reduces the duration of the adjustment when an applicant files a request for...
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