Amalia Ysabelle
Feb 28, 2019

“Equal To" Means "Not Exceed" When Determining Patent Term Adjustment

The US Court of Appeals for the Federal Circuit found that the US Patent and Trademark Office (PTO) erred in calculating a patent term adjustment (PTA) for a patent covering an oral osmotic form of an antihypertensive drug, stating that the PTO failed to properly consider whether the applicant reasonably engaged in efforts to conclude prosecution.