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ARTICLE · 13 JANUARY 2015

USPTO Issues Final Patent Term Adjustment Rules Under Novartis

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The USPTO has published final Patent Term Adjustment (PTA) rules addressing the treatment of Requests for Continued Examination (RCEs) under the Federal Circuit decision in Novartis v. Lee, which I discussed here.

United StatesIntellectual Property
Courtenay Brinckerhoff
Courtenay Brinckerhoff
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The USPTO has published final Patent Term Adjustment (PTA) rules addressing the treatment of Requests for Continued Examination (RCEs) under the Federal Circuit decision in Novartis v. Lee, which I discussed here. The final rules create a new type of deduction for "Applicant delay" that will apply to applications in which an RCE is filed on or after March 10, 2015.

The PTA/RCE Issue

In Novartis, the Federal Circuit determined that the USPTO had incorrectly interpreted 35 USC § 154(b)(1)(B)(i) as applied to applications in which an RCE was filed. That portion of the PTA statute provides for an award of PTA when the USPTO fails to issue a patent within three years, and reads as follows:

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