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ARTICLE · 28 SEPTEMBER 2022

Type C Patent Term Adjustment Requires Fully Successful Appeal

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In Sawstop Holding LLC v. Vidal, the Federal Circuit upheld the USPTO's interpretation of the Patent Term Adjustment (PTA) statute that limits the availability of PTA for time spent appealing an Examiner's rejection.

United StatesIntellectual Property
Courtenay Brinckerhoff
Courtenay Brinckerhoff
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In Sawstop Holding LLC v. Vidal, the Federal Circuit upheld the USPTO's interpretation of the Patent Term Adjustment (PTA) statute that limits the availability of PTA for time spent appealing an Examiner's rejection. The decision may lead to more scrutiny of Patent Trial and Appeal Board decisions that "affirm" an appealed rejection on the basis of "a new ground of rejection." The decision also may encourage applicants to structure their appeals such that a favorable decision will result in a determination of patentability of at least some claims.

The PTA Statute

The portion of PTA statute at issue was 35 U.S.C. § 154(b)(1)(C):

[I]f the issue of an original patent is delayed due to . . .

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