Reissued patents get Hatch-Waxman PTE based on original patent date, CAFC rules
By EsqSocial Corporation 09/04/25
The U.S. Court of Appeals for the Federal Circuit (CAFC) recently considered a novel question regarding calculation of the regulatory review period for patent term extension (PTE) under 35 USC § 156 for reissued patents. Specifically, the CAFC concluded that a patent’s original issuance date – rather than a reissuance date – is the operative date for regulatory review period purposes. Below we analyze this case and its implications for patent term extensions....
By: Hogan Lovells