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February 5, 2010
USPTO Announces Interim Procedure for Patentees to Request Patent Term Adjustment Recalculation
Interim Procedure for Patentees to Request a Recalculation of the Patent Term Adjustment
Docket No. PTO-P-2010-0006, 1/28/2010
The United States Patent and Trademark Office (“USPTO”) is providing patentees with the ability to request a recalculation of their patent term adjustment without a fee or petition as is normally required pending completion of necessary modifications to the USPTO’s computer program for calculating patent term adjustments.
The agency expects to complete by March 2, 2010, the software modification necessary to comply with the U.S. Court of Appeals for the Federal Circuit’s recent decision in Wyeth v. Kappos, no. 2009-1120 (Fed. Cir., January 7, 2010) regarding the overlapping delay provision of 35 USC 154(b)(2)(A). In the meantime, the USPTO will be…
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