In Mayo Foundation for Medical Education and Research
v. Iancu, the Federal Circuit agreed with the USPTO's
Patent Term Adjustment (PTA) calculation that excluded prosecution
that occurred after an interference was decided from the award for
USPTO delay. In particular, the Federal Circuit upheld the
application of the RCE PTA carve-out before and after the
interference proceeding.
The Patent At Issue
The patent at issue was Mayo's U.S. Patent No. 8,981,063.
The chart below (which is taken from the Federal Circuit decision
as reproduced from Mayo's Appeal Brief) outlines the events and
time periods relevant to the PTA calculation. As reflected in the
chart, after the applicant filed an RCE, an interference was
declared. After the interference was decided, there was additional
prosecution before the application was allowed.
