USPTO error may mean longer terms for PCT applicants
27 July 2009
Managing Intellectual Property
A patent owner has had its IP rights in the US extended by more than five months after the USPTO admitted it had used the wrong formula for calculating patent term
The Office had used an incorrect methodology for calculating patent term adjustment for US patent applications filed on the basis of PCT applications.
Patent term adjustment (PTA) refers to the number of days added to the length of a patent term due to delay by the USPTO. An “A delay” refers to delays resulting from the Office having failed to act within a certain timeframe, while...
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