Tag Archives: 156

USPTO Tweaks Patent Term Adjustment Rules To Accommodate McKesson-Type IDS Submissions

In a Federal Register Notice issued December 1, 2011, the USPTO issued a final rule that tweaks the patent term adjustment rules to permit applicants to promptly file McKesson-type Information Disclosure Statements (IDSs) without incurring a patent term adjustment deduction. The rule change took effect on December 1, 2011. (The Federal Register Notice indicates that … Continue reading this entry

Federal Circuit Says Regulatory Patent Term Extension Prolongs Life of Entire Patent

I wrote previously about the patentability issues raised in Genetics Institute, LLC v. Novartis Vaccines & Diagnostics, Inc., and Novartis’ ability to rely on unexpected results discovered after the filing date to support non-obviousness.  Here, I look at another interesting issue in the case, related to the scope of a patent term extension under 35 USC § 156 … Continue reading this entry

Not The Patent Term Extension Fix We Need

The House patent reform bill (HR 1249) that was passed last week includes a provision that impacts the deadline for filing an application for patent term extension under 35 USC § 156 after receiving FDA approval for a patented product. Although the House provision addresses the issue before the district court in The Medicines Co. … Continue reading this entry