On Sept. 30, 2008, the U.S. District Court for the District of Columbia issued a decision changing how the U.S. Patent and Trademark Office (PTO) must calculate patent term adjustment under 35 U.S.C. § 154. Wyeth v. Dudas. The Wyeth decision will provide greater patent term for many U.S. patents that have undergone prosecution lasting more than three years. This benefit is likely to be significant for patents in fields such as biotechnology, pharmaceuticals and chemistry, where prosecution often lasts much longer than three years. Owners of patents that have issued in the last six months and undergone more than three years of prosecution (before filing an RCE, if applicable) may want to take action quickly. Even one day of additional patent term can result in considerable economic, commercial and competitive advantage.
Reprinted with permission from Portfolio Media, Inc.