Patent Term Adjustments and Extensions: Recent Developments
Leveraging Exelixis, Other Court Decisions and Recent USPTO Rule Changes to Maximize PTAs and PTEs
Recording of a 90-minute CLE webinar/teleconference with Q&A
Conducted on Tuesday, January 22, 2013
Recorded event now available
This CLE webinar will provide guidance to IP counsel for calculating patent term adjustments and extensions, examine recent court treatment and USPTO rule changes, and offer approaches for maximizing patent term adjustments and extensions.
Description
Patent term adjustment (PTA) practice has seen significant changes beginning with the Federal Circuit’s 2010 decision in Wyeth and Elan Pharma Int’l Ltd. v. Kappos PTA, as well as patent term extension. PTA practice continues to develop with recent rule changes and court decisions.
The USPTO issued its final revision to the PTA rules in Dec. 2011 that allow applicants to promptly file Information Disclosure Statements without incurring a PTA deduction. The USPTO also announced proposed changes to the PTA rules relating to appellate board review.
In two November 2012 decisions, the Eastern District of Virginia and the District of DC concluded the USPTO has been improperly calculating PTA for patents involving a request for continued examination. The rulings could add significant time to the patent term.
Listen as our authoritative panel of patent attorneys examines the recent developments for PTAs, PTEs and their potential impact, methods for calculating PTA and PTE, what can be done to preserve rights, and offers best practices for maximizing PTA and PTE.
Outline
-
Recent developments
- Rule changes
- Court treatment
-
Calculating PTA
- 14-4-4-4
- Wyeth 3 yr. pendency
- RCE and terminal disclaimer impact?
-
Patent term extensions
- Eligibility
- Calculation
- Restrictions on PTE
-
Best practices
- Preservation of rights
- Maximizing PTA vs. PTE
Benefits
The panel will review these and other key questions:
- How will the recent rule changes by the USPTO change the landscape for PTA and PTE practice?
- What will be the impact of the recent decisions by the federal district court in Exelixis Inc. v. Kappos and Novartis AG v Kappos?
- What steps should patent applicants take to maximize PTA and PTE?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Faculty
Thomas L. Irving, Partner
Finnegan Henderson Farabow Garrett & Dunner, Washington, D.C.
He has 35 years of experience in the field of IP law. His practice includes due diligence, patent prosecution, reissue and reexamination, patent interferences, and counseling, including prelitigation, Orange Book listings of patents covering FDA-approved drugs, and infringement and validity analysis in the chemical fields, as well as litigation. He has served as lead counsel in many patent interferences.
Donna M. Meuth, Senior Patent Counsel, Intellectual Property
Eisai, Andover, Mass.
She has diverse experience in intellectual property law, including patent portfolio management, patent prosecution and litigation. Her technical focus is in the pharmaceutical, chemical and biotechnology arts. She has significant interference experience and litigation experience, in particular ANDA litigation for branded pharmaceuticals.
Margaret J. Sampson, Partner
Vinson & Elkins, Palo Alto, Calif.
Her practice focuses on global strategic patent counseling and patent litigation primarily in the areas of pharmaceuticals, biotechnology, research tools, and medical devices. She has experience advising clients in areas such as Hatch-Waxman patent litigation, drug delivery systems, and genetic engineering. Her scientific experience is in molecular genetics, recombinant DNA, and stem cell research.
Ordering
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Customer Reviews
The webinar provided insightful analysis of the complicated issues that related to the material.
Gerald Worth
Proskauer Rose
This was the first time our firm participated in a Strafford Webinar and it was very successful.
Cynthia Leonard
Birch, Stewart, Kolasch and Birch
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Donna Johnson Gressler
Strafford provided an enthusiastic presentation that focused on patent practice, not theory.
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Vance Intellectual Property
I liked the practical insights, particularly when tied to cases the presenters had worked on.
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Kohler
Intellectual Property Law Advisory Board
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Fulbright & Jaworski
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Winston & Strawn
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