In University of Massachusetts v. Kappos, the United States District Court for the District of Colombia held that an Office Action that was “fundamentally flawed” still stopped the Patent Term Adjustment (PTA) clock that was running against the USPTO under 35 USC § 154(b)(2)(A). The court distinguished this case from the Oncolytics case, where it was the USPTO itself who decided that a vacated Office Action would not be counted for PTA purposes. This case indicates that it may be difficult to challenge PTA awards for A-type delay based on alleged inadequacies in an Office Action, or on other factual grounds. Continue reading this entry
Subscribe to This Blog
Supreme Court grants cert in CLS Bank -- will they bring more clarity to #patent-eligibility? could it get any worse?
22 hours ago
RT @LXBN: Round Two Of U.S. Patent Reform Progresses As House Passes Goodlatte Innovation Act http://t.co/6bSWjoqJPt - @PharmaPatents
1 day ago
New article: Federal Circuit Reverses Board Rejections That Strayed From Claim Construction http://t.co/tAOQmJBN1W
1 week ago
RT @IPO: Today we're thankful for INVENTORS and all they do to make our lives better!!
1 week ago
New article: Objectively Reasonable Defense Precludes Enhanced Patent Damages http://t.co/ihLy0ubMjq
2 weeks ago