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USPTO Announces Interim Procedure for Requesting PTA Recalculations

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

By Donald Zuhn -- In a press release issued today, the U.S. Patent and Trademark Office announced that it would be implementing an interim procedure by which patentees can request Patent Term Adjustment (PTA) recalculations while the Office revises its procedures to comply with the Federal Circuit's decision in Wyeth v. Kappos. In Wyeth, which was decided on January 7th, the Federal Circuit affirmed an order by the District Court for the District of Columbia granting summary judgment in favor of Wyeth, in which the lower court found that the USPTO had misconstrued 35 U.S.C. § 154(b)(2)(A), and as a...

Full post as published by Patent Docs on January 28, 2010 (boomark / email).