Patent Term Adjustment after Wyeth v. Kappos

January 28, 2010
This article examines the decision made in Wyeth v. Kappos, in which the the Federal Circuit affirmed the decision of the U.S. District Court for the District of Columbia that the U.S. Patent and Trademark Office has been under-calculating the amount of patent term adjustment due under certain provisions of the American Inventors Protection Act of 1999. The article also looks at the potential impact of the decision on current patent prosecutions.