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Monday, October 20, 2008

Patent Term Extensions Become Meaningful?

Great post from Dennis Crouch at Patently-O on a recent decision by the District Court of Washington D.C. which would mandate calculating patent term extensions based on both a broad "guarantee of no more than 3-year application pendency" and a more narrow focus on the timeliness of individual PTO actions. Previously, these calculations were made separately and then the longer of the two was used, in order to avoid double counting. The court has ruled that this is impermissible as long as the same delay is not counted twice in contravention of the double counting prohibition. The case awaits appeal to the CAFC.

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