The United States Patent and Trademark Office (USPTO) published a notice in the Federal Register on May 9, 2019, informing patentees of the procedure to challenge Patent Term Adjustment (PTA) calculations in view of Supernus Pharm. v. Iancu, 913 F.3d. 1351 (Fed. Cir. 2019).

Patent Term Adjustment (PTA)

The PTA statute, 35 U.S.C. §154, provides for PTA in which a patent term may be extended beyond the standard 20-year term if the USPTO fails to act on a patent application in a timely manner. To arrive at the final PTA, the USPTO calculates the number of days it delayed the proceedings and reduces this number by the number of days that the patent applicant “failed to engage in reasonable efforts to conclude prosecution of the application.” 35 U.S.C. §154(b)(2)(C)(i). This framework discourages both the USPTO and applicants from delaying the patent application process.

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