Patent Term Adjustment - A Dollar Won is Twice as Sweet as a Dollar Earned

In this webinar we discussed the important topic of patent term adjustment (PTA) under 35 U.S.C. §154(b). Led primarily by the pharmaceutical industry where every day could mean millions of dollars, the USPTO regulations for calculating PTA have been under assault.  From Wyeth v. Kappos, 591 F.3d 1364, 93 USPQ2d (Fed. Cir. 2010) to Chudik v. Hirshfeld, 987 F.3d 1033, 1039 (Fed. Cir. 2021), the Court of Appeal for the Federal Circuit (CAFC) has been asked to review and has frequently found the USPTO’s regulations to be incorrect.   In this webinar we will discuss the current state of PTA, pitfalls applicants frequently fall into, and provide practical prosecution advice.  We also cover the interplay between PTA and obvious-type double patenting following Mitsubishi Tanabe Pharma Corp. v. Sandoz, Inc., 3:17-cv-05319-FLW-DEA, 2021 (D.N.J. Mar. 22, 2021).

This webinar was led by Vincent Shier and Richard Kelly.