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Fish & Richardson Catches Error in Patent Office's PTA Calculation

By Donald Zuhn, Kevin Noonan, Chris Singer, Sherri Oslick, and Jason Derry

By Sydney Kokjohn -- Fish & Richardson and its pharmaceutical client Japan Tobacco Inc. recently discovered another error in the U.S. Patent and Trademark Office's method of calculating patent term adjustment ("PTA"). On January 8, 2009, Fish & Richardson filed an Application for Patent Term Adjustment under 37 C.F.R. § 1.705(d) (see Application). In addition to arguing that additional patent term was due in light of Wyeth v. Dudas, 580 F. Supp. 2d 138 (D.D.C. 2008) (see Patent Docs post), Fish & Richardson argued that the Patent Office was incorrectly calculating "B-delay" (delay for failure to issue a patent within...

Full post as published by Patent Docs on July 31, 2009 (boomark / email).