Court Ruling Could Lengthen Patent Term

Foley Partner Courtenay Brinckerhoff authored an article titled “Court Ruling Could Lengthen Patent Term” in the February 1, 2010 issue of Genetic Engineering & Biotechnology News. Brinckerhoff discusses the Federal Circuit’s affirmation of Wyeth v. Kappos on the proper interpretation of the patent term adjustment (PTA) statute, stating that biotechnology patents may benefit from this ruling because of the timing and type of examination delays biotechnology applications often encounter. She adds that the decision provides additional opportunities to maximize patent term and enhance patent value by developing patent strategies that take the PTA provisions into account.