USPTO and DOJ Will Not Seek Review of Wyeth v. Kappos

    By Donald Zuhn --

The U.S. Patent and Trademark Office has announced that the Office and Department of Justice will not be seeking further review of the Federal Circuit's decision in Wyeth v. Kappos.  In announcing this decision, the Office also stated that it is in the midst of "preparing guidance for expediting requests for recalculation of patent term adjustment by the USPTO in light of the Wyeth decision," and that such guidance "will be issued as soon as possible.

As in its January 10th announcement regarding the Wyeth decision, the Office noted that:

Applicants and Patent Owners dissatisfied with a patent term adjustment determination by the agency are reminded of the requirement to seek review of that determination within 180 days of patent issuance and the time periods set in the implementing regulations. See 35 U.S.C. sec. 154(b)(4) and 37 CFR 1.705.

For additional information regarding this and other related topics, please see:

• "USPTO Posts Notice Regarding Wyeth Decision," January 11, 2010
• "The Federal Circuit's Wyeth v. Kappos Decision," January 10, 2010
• "Wyeth v.Kappos (Fed. Cir. 2010)," January 7, 2010
• "Patent Term Adjustment: 37 C.F.R. § 1.704(b)'s Three-Month Provision," November 17, 2009
• "USPTO Says Some Requests for PTA Reconsideration Are Premature," September 7, 2009
• "Fish & Richardson Catches Error in Patent Office's PTA Calculation," July 30, 2009
• "More § 154(b)(4)(A) Actions Filed against Director," February 8, 2009
• "Three More Patentees File § 154(b)(4)(A) Actions against Director Dudas," January 12, 2009
• "More Patentees Follow Wyeth's Lead in Seeking Additional PTA," December 3, 2008
• "USPTO to Appeal Wyeth v. Dudas," December 2, 2008
• "Two Patentees Follow Wyeth's Lead in Seeking Additional PTA," November 12, 2008
• "Wyeth v. Dudas (D.D.C. 2008)," October 16, 2008

Comments

[Jeff Tidwell]

Don,

Unfortunately, it doesn't appear the PTO will be enacting any mechanisms to correct PTA in patents that issued long before the Wyeth case was filed and for which the 180-day period is long gone.