USPTO Modifies Patent Term Adjustment Procedures Following Federal Circuit Decision in Supernus Pharm., Inc. v. Iancu

Summary

The United States Patent and Trademark Office (USPTO) is updating its procedures for adjusting patent terms in light of a recent Federal Circuit decision in Supernus Pharm., Inc. v. Iancu, which involved a foreign patent authority notice. The USPTO will continue to use its existing regulations and PALM system to make patent term adjustment determinations, but patentees can request reconsideration if they believe the adjustment period exceeds the time they failed to engage in reasonable efforts to conclude application prosecution.