Category: cafc

Additional Patent Term Adjustment Potentially Available for Patents with IDS

Additional Patent Term Adjustment (PTA) may be available for some cases where an Information Disclosure Statement (IDS) was filed after a reply. Recently in Supernus Pharmaceuticals, Inc. v. Iancu, the U.S. Court of Appeals for the Federal Circuit held that the USPTO had incorrectly reduced the PTA based on applicant delay for a period of time during which there was no action that the applicant could take to conclude prosecution of the patent.

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Software Patents Are Against the First Amendment?

The end may be nearing for software patents which have been highly controversial in the tech industry for some time. The verdict issued on Friday by the U.S Court of Appeals for the Federal Circuit, found that three patents asserted against anti-virus companies were patent-ineligible under 35 U.S.C. § 101 and that they did not pronounce a patentable invention. The patents were owned by Intellectual Ventures, which has a standing in the tech world as “patent troll”.

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