ARTICLE · 15 APRIL 2019

"A Period Of Adjustment"

Marshall, Gerstein & Borun LLP

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The court did not mention the date Supernus received the opposition, but determined Supernus did not act diligently after the Notice of Opposition.

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Katherine Neville, Ph.D.

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In an article published in the March 2019 issue of Intellectual Property Magazine, Partner Katherine L. Neville, Ph.D. discusses how the Supernus v Iancu case can affect patent prosecution strategy.

"Supernus held that patent owners cannot be docked patent term adjustment (PTA) days under 35 USC 154(b) for filing a supplemental information disclosure statement (IDS) during a time when the applicant could not have used "reasonable efforts" to advance prosecution in the pending application," explains Neville.

Under 35 USC 154(b) a patentee is allowed extra patent term days under certain circumstances during patent prosecution, such as when the US Patent and Trademark Office (USPTO) delayed sending or responding to office actions.

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