Friday, June 26, 2015

CAFC affirms district court in MOHSENZADEH case concerning 35 USC 154

The patent term adjustment statute, 35 U.S.C. §154,
has two provisions restoring patent term
to patentees for delays
attributable to the PTO
that occur prior to the
issuance of a patent.
“A Delay” refers to the PTO’s failure to
timely take certain actions or provide certain notices to
the patentee. 35 U.S.C. §154(b)(1)(A).
“B Delay” refers to the PTO’s failure to issue a patent within three years of
the actual filing date of the application.
Id. § 154(b)(1)(B).
The statute requires the agency to extend the term of the
patent by one day for each day the issuance of a patent is
delayed under either section 154(b)(1)(A) or (B)

The decision of the district court is affirmed by the CAFC:

The language of the provision of the patent term ad-
justment statute at issue, 35 U.S.C. §
154(b)(1)(A), clearly
shows that Congress intended
delay in the prosecution of
an application to be restored to a single patent, the
patent issuing directly
from that application. In other words, the
term of any patent arising from a
is not restored for delay in the prosecution of the parent
patent’s application.



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