USPTO Defends Patent Term Adjustment Math To Fed. Circ.

Law360, New York (July 1, 2013, 7:08 PM EDT) -- The U.S. Patent and Trademark Office on Thursday urged the Federal Circuit  to uphold its long-standing interpretation of the patent term adjustment statute and reject an argument by drugmaker Exelixis Inc. that the office's calculations overstep its authority.

The patent term adjustment statute calls for a term to be extended if the U.S. Patent and Trademark Office fails to issue a patent within three years of the date an application is filed, but Exelixis claims that the USPTO has incorrectly calculated adjustments for the company's cancer...
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