Decision: Supernus v. Iancu, --F.3d__,
2019 WL 286925 (Fed. Cir. Jan. 23, 2019)
Background: By statute, the USPTO has authority
to extend a patent term to account for delays caused by the USPTO.
See 35 U.S.C. §§154(b)(1)(A)-(C). Delays caused by the
applicant may reduce the amount of extension to which a patent
owner is entitled, in particular delays caused by "the
applicant fail[ing] to engage in reasonable efforts to conclude
prosecution of the application.". See 35 U.S.C.
§154(b)(2). The USPTO rules at 37 C.F.R. §1.704 outline
the circumstances that constitute such a failure.
The below chart (not to scale) represents a timeline of events
providing the facts of the case:
