Federal Circuit Decision Could Encourage More Reissue Patents
By EsqSocial Corporation 25/03/25
The Patent Term Extension (PTE) provisions of 35 U.S.C. ยง 156 compensate pharmaceutical patent owners for time they are not able to enjoy commercial market exclusivity because their products are not yet approved by the U.S. Food and Drug Administration (FDA). The length of a PTE award depends on how much time was spent under FDA review after the patent was issued. But which issue date is used for a reissued patent?......
By: Foley & Lardner LLP