Calculating Patent Term Adjustment Post-Novartis

Law360, New York (February 13, 2014, 1:44 PM EST) -- On Jan. 15, 2014, the U.S. Court of Appeals for the Federal Circuit decided Novartis AG v. Lee (No. 2013-1160, 1179) and Exelixis v. Lee (2013-1175, 1198), holding that for purposes of calculating patent term adjustment, the time excluded from Patent Office B delay for filing a request for continued examination more than three years after filing ends at allowance, not the issue date of the patent. Thus, for patents that issued from such a continued examination application, the U.S. Patent and Trademark Office has been...
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