Patent Term in Peril

The length of patent term is an important consideration for many facets of the life sciences industry, from initial investment and development to the marketing and commercialization of an approved product.

However, according to the United States Court of Appeals for the Federal Circuit’s recent ruling in In re Cellect, there are certain instances when the calculation of patent term may not include patent term adjustment (PTA). PTA is the compensation of patent term for delays by the United States Patent and Trademark Office (USPTO) in patent prosecution. PTA is separate and distinct from patent term extension (PTE), which is intended to restore some of the patent term lost during the review process of the Food and Drug Administration. PTE remains unaffected by the In re Cellect decision.