Interim Procedure for Patentees To Request a Recalculation of the Patent Term Adjustment
On February 1, 2010, the United States Patent and Trademark Office (USPTO) issued a Notice concerning recalculation of Patent Term Adjustment (PTA), in response to Wyeth v. Kappos, No. 2009-1120 (Fed. Cir., Jan 7, 2010). Wyeth held that the USPTO improperly reduced the PTA for some patents.
Patents that have issued, or will issue, before March 2, 2010, and are within 180 days of their issue date, may request recalculation of the PTA. There is no official fee for requesting the recalculation. The USPTO Notice does not waive the statutory requirement that any court action disputing PTA determination must be filed within 180 days from issue of the patent.