Does the patent office really believe delay occurs before it actually occurs? The effect of Wyeth et al v. Dudas on patent term adjustments

摘要

The United States Patent and Trademark Office (USPTO) recently lost a battle over calculation of patent term adjustment, which, if upheld on appeal, has the possible effect of adding lucrative days to the life of a patent. This ruling, Wyeth v. Dudas, 580 E. Supp. 2d 138 (D. D.C. 2008), has already prompted numerous biotechnological and pharmaceutical companies to file suit in the United States District Court for the District of Columbia, including Alexion Pharmaceuticals, Inc., Biogen Idec Inc., Eurand, Inc., Ironwood Pharmaceuticals, Inc., Medarex, Inc., Molecular Insight Pharms, Inc., Purac Biochem BV and Solvay Pharms GmbH.