Analysis

USPTO Leaves It Up To Applicants To Flag Patent Term Errors

Law360 (May 15, 2019, 7:02 PM EDT) -- Despite a Federal Circuit ruling that the way the U.S. Patent and Trademark Office calculates the term of a patent “unfairly penalizes applicants,” the office said last week that those impacted by the rule must identify the issue themselves and pay a fee to have it fixed, leaving attorneys grumbling.

In the wake of the appeals court’s January decision in Supernus Pharmaceuticals Inc. v. Iancu, the office said in a May 9 Federal Register notice it is not changing the way it calculates patent term and that applicants who believe their term is too short under the ruling must file a...

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