On February 8, 2023, Dom Conde and Prajakta Sonalker published “Could In re Cellect Be the End of Patent Term Adjustments? The Federal Circuit Will Soon Tell Us” in IPWatchdog. The authors thank Taskeen Aman, a law clerk in Venable’s New York office, for her assistance in writing this article. The following is an excerpt:
Patent Term Adjustment (PTA) was designed to serve an important purpose – to compensate patentees for time lost during examination due to U.S. Patent and Trademark Office (USPTO) delays. Most industries rely heavily on their patent portfolios to drive business strategies that ultimately impact their bottom line. The impact of patent term is especially acute in the pharmaceutical and biotechnology industries, where companies spend billions of dollars to develop new drugs. For these companies, every day that their patent is in force matters, generating millions in additional revenue. With so much at stake, companies strive to accrue all the patent term they are entitled to under the current statutory regime, including by way of PTA.
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