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Patent Term Adjustment (PTA)
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The Federal Circuit's decision is adverse to the method used by the United States Patent and Trademark Office (USPTO) to calculate patent term adjustments. In a nut shell, the decision will likely result in larger patent term adjustments being calculated and applied to patents being issued. However, patents issued prior the the Federal Circuit decision may also be entitled to a larger patent term adjustment. Accordingly, we recommend reviewing the patent term adjustment of any issued patents, as well as any patents that are in the processing of being issued to ensure the proper patent term adjustment has been calculated. In some circumstances a corrected patent term adjustment could add several years of enforceability to an already issued patent.
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