IP Alert: Special Request Now Available Regarding Wyeth Term Adjustment

The USPTO has just announced a new, simplified procedure by which patentees may seek correction of patent term. The new procedure is available for patents issuing within the last 180 days.

Under this procedure, patentees may file a simple request for recalculation of patent term adjustment under Wyeth v. Kappos. The Wyeth request may be filed in lieu of any petition that is available under the USPTO’s regulations, and in lieu of filing a federal lawsuit. Particularly for those patents where a lawsuit would otherwise be required, the Wyeth request may be an attractive option.

The new procedure will be available for patents that issue on or before February 23, 2010. The USPTO has announced that it is updating its software systems such that patents issuing after February 23 will indicate the correct patent term adjustment.

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