Panel: Judges Taranto, Bryson, and Hughes, with Judge Taranto writing the opinion
You should read this case if: you have a matter involving patent term adjustment, particularly delays due to PTAB appeals
Our case of the week deals with the exciting world of patent term adjustment, which allows patent owners to ask the Patent Office to extend a patent’s term because of delays during examination. By statute and regulation, only some kinds of delays qualify for an adjustment.
Chudik focuses on one type of delay, called C-delay (based on the relevant statutory provision defining it). C-delay allows patent owners to seek adjustment for delays caused by “appellate review” that “reverses” an earlier adverse determination of unpatentability. The relevant provision (35 U.S.C. § 154(b)(1)(C)(iii)) applies to delay due to: