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 appealing an Examiner's rejection.
Sawstop Holding v. Vidal, Federal Circuit upheld USPTO reading of Patent Term Adjustment statute limiting availability of PTA for time spent appealing Examiner rejection. Decision may lead to more scrutiny of PTAB decisions affirming appealed rejection on basis of new ground
In a reversal of fortunes, the Federal Circuit entertained a petition for rehearing from the losing side of a decision on Jan. 3, 2022 in this case, and has now decided that the.