{"id":377,"date":"2019-03-04T00:00:00","date_gmt":"2019-03-04T00:00:00","guid":{"rendered":"https:\/\/norrismclaughlin.com\/mtym\/2019\/03\/04\/supernus-delays-out-of-the-applicants-hands-are-not-applicant-delays\/"},"modified":"2019-03-04T00:00:00","modified_gmt":"2019-03-04T00:00:00","slug":"supernus-delays-out-of-the-applicants-hands-are-not-applicant-delays","status":"publish","type":"post","link":"https:\/\/norrismclaughlin.com\/mtym\/general\/supernus-delays-out-of-the-applicants-hands-are-not-applicant-delays\/","title":{"rendered":"Supernus: Delays Out of the Applicant\u2019s Hands Are Not Applicant Delays"},"content":{"rendered":"

The term of a U.S. patent is typically twenty years<\/em>.\u00a0 However, the patent term can be altered as a result of certain Patent Office delays (patent term adjustment) and certain regulatory delays (patent term extensions).\u00a0 For the former, the Patent Office will adjust the term on a day\u2011for\u2011day basis: one day of delay results in one day of adjustment.\u00a0 That said, the Patent Office has historically reduced any such adjustment if the patent applicant was the cause of the delay.\u00a0 But when is delay attributable to the applicant?\u00a0 The Federal Circuit recently addressed this issue in Supernus<\/em>.\u00a0 Because the case turned on dates, a timeline follows:<\/p>\n