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Mar 04, 2019

Supernus: Delays Out of the Applicant’s Hands Are Not Applicant Delays

The term of a U.S. patent is typically twenty years.  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).  For the former, the Patent Office will adjust the term on a day‑for‑day basis: one day of delay results in one day of adjustment.  » Read More

Feb 11, 2019

Developing IP Strategy for FDA-Regulated Drug Products Requires Special Considerations

Despite the widely diverging needs of the different industries that make use of the US patent system, US patent law applies essentially the same rules to innovations from all technology fields. This means that drug and biotechnology-based inventions are treated no differently by the U.S. » Read More

Oct 19, 2018

Calculating Patent Term Adjustment (PTA) – An Overview

As discussed in our previous post, Patent Term Adjustment (PTA) under 35 U.S.C. §154(b) and Patent Term Extension (PTE) under 35 U.S.C. §156 provide for extensions on the standard patent term, which can be very valuable for products that have long development and/or regulatory approval lifecycles, such as in the case of pharmaceuticals. » Read More

Jul 16, 2018

When Will My Patent Expire? – Calculating Your Patent Term – A Review

The term of a patent defines the time during which the patent is in force and infringing activities may be acted upon.

Factors to Consider for Patent Term Calculations

The standard term of U.S. patents (other than design patents) issued from applications filed on or after June 8, 1995, is defined by the “twenty-year term,” which is subject to adjustment due to various factors:

  • type of application (utility, design, plant);
  • filing date of the application;
  • issue (grant) date of the patent;
  • benefit claims under 35 U.S.C.
» Read More

Jun 11, 2018

Effective and Efficient Filings of Your Design Patent Application/Registration (U.S.A.)

In my prior post I discussed benefits of seeking design patent protection for your products, which can often provide effective protection for products to be imported and marketed in the United States of America. This protection can be exclusive of but concurrent with any “regular utility” patent applications filed in the USA.  » Read More

May 07, 2018

Satisfying the Duty of Disclosure – Why and When to File Information Disclosure Statement (IDS)

A critical requirement when prosecuting a U.S. patent application is the duty of disclosure (35 C.F.R. §1.56), which is placed on each individual associated with the filing and prosecution of a patent application, to disclose to the U.S. Patent and Trademark Office (USPTO) all information known to that individual to be material to patentability; that is, a reasonable examiner would consider it important in deciding whether to allow the application. » Read More

Mar 20, 2018

The Patenting Process (Never Give Up!)

The patenting process begins with an “application.”  A patent application is different than what the title “application” normally implies.  This is not a form that one might fill out, as is the case with most normal applications.  Instead, a patent application is a detailed, written description of the invention (referred to as a “specification”), ending with a set of “claims.”  The specification is akin to a textbook article describing the invention.  » Read More

Jan 25, 2018

Need a Patent Quickly? USPTO Programs for Expediting Prosecution

Many first-time applicants are surprised by the length of time it takes for a U.S. patent application to issue as a U.S. Patent.  The USPTO tracks application pendency in terms of the average number of months between two specified events during the prosecution process. » Read More

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