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U.S. Patent Office Error in Patent Term Adjustment Calculations May Extend Patent Protections by Thomas E. Anderson
Hunton & Williams LLP - Washington Office
Brian Mark Buroker
Hunton & Williams LLP - Washington Office
Robert M. Schulman
Hunton & Williams LLP - Washington Office
Laurence H. Posorske
Hunton & Williams LLP - Washington Office
Dwight M. Benner
Hunton & Williams LLP - Washington Office
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August 6, 2009
Previously published on August 2009
The United States Patent and Trademark Office ("PTO") recently acknowledged that it has been miscalculating the patent term adjustment for some PCT national phase applications by basing its calculations improperly upon the date when the applicant complies with the provisions of 35 U.S.C. § 371(c) (e.g., filing an executed inventor declaration) rather than properly upon the date when the national stage is commenced.
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