Show simple item record

dc.contributor.advisorPeter Hutten_US
dc.contributor.authorRobinson, Michael
dc.date.accessioned2012-04-18T14:40:23Z
dc.date.issued2009
dc.identifier.citationMichael Robinson, Does Patent Term Adjustment Need Adjustment? (April 2009).en_US
dc.identifier.urihttp://nrs.harvard.edu/urn-3:HUL.InstRepos:8592055
dc.description.abstractThis paper examines the patent term adjustment (PTA) system enacted in the American Inventors Protection Act of 1999 and its implementation by the U.S. Patent and Trademark Office (PTO). First, the mechanics of the PTA statute are described. Next, the provision governing the manner in which overlapping periods of delay are treated is considered in connection with the recent D.C. District Court decision in Wyeth v. Dudas, which rejected the longstanding PTO interpretation of this provision. In addition, the disparate treatment in the PTA statute of delay caused by the applicant and delay caused by the PTO is examined. With this preliminary analysis in hand, this paper outlines the effects of three proposals to modify the present PTA system: 1) The position adopted by the plaintiffs in the Wyeth litigation; 2) a proposal by the PTO to eliminate certain types of PTO delay from the PTA calculation; and 3) a proposal by the author to address several inconsistencies in the present statute. To shed further light on these three proposals, empirical data from recently issued patents are considereden_US
dash.licenseLAA
dc.subjectFood and Drug Lawen_US
dc.subjectGeneral Background-Related Federal Statutes and Agencies-The United States Patent and Trademark Officeen_US
dc.subject.otherFood and Drug Lawen_US
dc.titleDoes Patent Term Adjustment Need Adjustment?en_US
dc.typePaper (for course/seminar/workshop)en_US
dc.relation.journalFood and Drug Law: An Electronic Book of Student Papersen_US
dc.date.available2012-04-18T14:40:23Z


Files in this item

Thumbnail
Thumbnail
Thumbnail

This item appears in the following Collection(s)

Show simple item record