Archive | Patent Term Adjustment

Patent Term Adjustment Can Be Reduced Even Without “Actual Delay” in Prosecution

In Gilead Sciences, Inc. v. Lee, the Federal Circuit that supplemental applicant submissions during patent prosecution need not incur “actual delay” to be counted as a reduction in calculating patent term adjustment (PTA). 2015 U.S. App. LEXIS 2828 (Fed. Cir. Feb. 26, 2015). Plaintiff Gilead Sciences, Inc. (“Gilead”) had appealed the decision of the Eastern […]

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