December 2010 Issue

Did You Know?

The USPTO recently clarified its treatment of letters submitted by applicants and patentees concerning the USPTO’s determination of a patent term adjustment (PTA) greater than what the applicant or patentee believes to be correct.  Upon receipt of such letters, the USPTO now places these letters in the file of the application or patent without further review or issuance of a correction to the PTA.  Although applicants and patentees may (1) request the USPTO to reconsider its calculation of PTA in accordance with 37 C.F.R. § 1.705 or (2) file a terminal disclaimer disclaiming any period considered in excess of the appropriate PTA, they are not required to do either.

Additional information regarding the USPTO’s current practice may be found at the following link: