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Patent Term Adjustment – When Is An Action An Action?

Posted by Courtenay Brinckerhoff on Posted in Patent Term Adjustment

Yet another complaint has been filed against the USPTO challenging Patent Term Adjustment. The issue raised in Oncolytics Biotech Inc. v. Kappos is whether a deficient Office Action that was subsequently vacated by the USPTO nevertheless satisfied the USPTO’s obligation to take action within four months of the applicant’s previous reply.

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