District Court Determines that USPTO Improperly Reduces Patent Term Adjustment | Practical Law
In Exelixis, Inc., v. Kappos, the US District Court for the Eastern District of Virginia determined that the US Patent and Trademark Office (USPTO) improperly reduces Patent Term Adjustment (PTA) in patents where the applicant files a Request for Continued Examination (RCE) more than three years after the original patent application filing date. The court held that the USPTO should not deduct any time from an applicant's PTA if the applicant files the RCE more than three years after the patent application was filed.