Share on LinkedInShare on LinkedIn

ARTICLE · 30 JANUARY 2019

Supernus Wins PTA Battle

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
Finnegan, Henderson, Farabow, Garrett & Dunner LLP
Contributor
Finnegan, Henderson, Farabow, Garrett & Dunner LLP

Finnegan, Henderson, Farabow, Garrett & Dunner LLP

Finnegan, Henderson, Farabow, Garrett & Dunner LLP is one of the world’s largest firms focusing on...

View firm profile
Explore more from Finnegan, Henderson, Farabow, Garrett & Dunner LLP

Decision: Supernus v. Iancu, --F.3d__, 2019 WL 286925 (Fed. Cir. Jan. 23, 2019)

United StatesIntellectual Property

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:

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

See more popular content from