In Eurica Califorrniaa v. Vidal, No. 22-1640 (Fed. Cir. Nov. 7, 2022) (non-precedential), the Court of Appeals for the Federal Circuit ("the Federal Circuit") affirmed the district court's grant.
In Sawstop Holding LLC v. Vidal the Federal Circuit confirmed the Patent and Trademark Office will only award a patent term adjustment to offset a delay caused by appellate review of a patent prosecution if the appeal results in allowable claims ready for issuance.
China’s National Intellectual Property Administration, CNIPA released another draft of the Patent Examination Guidelines, which is somewhat analogous to the US Patent and Trademark Office’s Manual of Patent Examining Procedure, MPEP. Comments are due December 15, 2022.
Patent Term Adjustment (PTA) is additional patent term for U.S. patents to compensate for delay in issuance. The statute (35 U.S.C. § 154(b)) provides three bases for PTA: delayed response by the USPTO
In Sawstop Holding LLC v. Vidal, the Federal Circuit upheld the USPTO’s interpretation of the Patent Term Adjustment (PTA) statute that limits the availability of PTA for time spent.