USPTO Modifies Patent Term Adjustment Procedures
Written May 13, 2019
The United States Patent and Trademark Office (USPTO) on May 9, 2019, issued a notice concerning modifying its patent term adjustment procedures in view of the decision by the US Court of Appeals for the Federal Circuit (Federal Circuit) in Supernus Pharm., Inc. v. Iancu (Supernus). 84 Fed. Reg. 20343.
According to the Federal Register notice, the USPTO makes the patent term adjustment determinations indicated in patents by a computer program that uses information recorded in its Patent Application Locating and Monitoring (PALM) system. The event from which the Federal Circuit measured the beginning of the patent term adjustment reduction period in Supernus—a notice to the applicant from a foreign patent authority—is not an event that is recorded in the USPTO's PALM system. Thus, the USPTO will continue to make the patent term adjustment determinations indicated in patents under the existing regulations using information recorded in its PALM system.
According to the Federal Register notice, the USPTO makes the patent term adjustment determinations indicated in patents by a computer program that uses information recorded in its Patent Application Locating and Monitoring (PALM) system. The event from which the Federal Circuit measured the beginning of the patent term adjustment reduction period in Supernus—a notice to the applicant from a foreign patent authority—is not an event that is recorded in the USPTO's PALM system. Thus, the USPTO will continue to make the patent term adjustment determinations indicated in patents under the existing regulations using information recorded in its PALM system.