Interim Procedure for Patentees To Request a Recalculation of the Patent Term Adjustment To Comply With the Federal Circuit Decision in Wyeth v. Kappos Regarding the Overlapping Delay Provision of 35 U.S.C. 154(b)(2)(A)
The United States Patent and Trademark Office (USPTO) is modifying the computer program it uses to calculate patent term adjustments in light of Wyeth v. Kappos, No. 2009-1120 (Fed. Cir., Jan. 7, 2010). The USPTO expects to complete this software modification by March 2, 2010. In the meantime, the USPTO is providing patentees with the ability to request a recalculation of their patent term adjustment without a fee as an alternative to the petition and fee required by 37 CFR 1.705(d). In order to qualify, a form requesting a recalculation of the patent term adjustment must be submitted no later than 180 days after the patent has issued and the patent must be issued prior to March 2, 2010. In addition, this procedure is only available for alleged errors that are specifically identified in Wyeth. The USPTO is deciding pending petitions under 37 CFR 1.705 in accordance with the Wyeth decision. This notice also provides information concerning the Patent Application Information Retrieval (PAIR) screen that displays the patent term adjustment calculation.
- Task
- Read the news
- Patent or trademark
- both
- Legacy system
- —
- Current entry point
- www.federalregister.gov/documents/2010/02/01/2010-2041/interim-procedure-for-patentees-to-request-a-recalculation-of-the-patent-term-adjustment-to-comply (permanent link in the Federal Register, verified 2026-09-30)
- Legacy system and where it moved
- Legacy system names mentioned in the document text (PAIR) — see /guide/legacy-migration/ for migration destinations )
- Fee
- Fee mentioned in title or summary (Confirmed in the document text)
- What you need (account or API key)
- No account or key mention in title or summary )
- Published
- 2010-02-01
- Document type
- Notice
- Source
- USPTO documents published in the Federal Register (Federal Register API)(retrieved 2026-10-06)
Everything in the same category
Read the news (all 1988) · both (all 2333)
Related entry points
- Revisions To Implement the Patent Term Adjustment Provisions of the Leahy-Smith America Invents Act Technical Corrections Act
- Pilot Program for Extended Time Period To Reply to a Notice To File Missing Parts of Nonprovisional Application
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- Notice of Public Hearing and Request for Comments on Matters Related to the Harmonization of Substantive Patent Law
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- Changes to Patent Term Adjustment in View of the Federal Circuit Decision in Novartis v. Lee
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- Changes To Practice for Continuing Applications, Requests for Continued Examination Practice, and Applications Containing Patentably Indistinct Claims
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- Request for Comments on Director Review, Precedential Opinion Panel Review, and Internal Circulation and Review of Patent Trial and Appeal Board Decisions
- Treatment of Letters Stating That the USPTO's Patent Term Adjustment Determination Is Greater Than What the Applicant or Patentee Believes Is Appropriate
- Revision of Patent Term Extension and Adjustment Provisions Relating to Appellate Review and Information Disclosure Statements
- Extension of the Full First Action Interview Pilot Program and Request for Comments
- Notice Regarding the Elimination of the Fee for Petitions To Make Special Filed Under the Patent Prosecution Highway (PPH) Programs
- Request for Comments on Determining Whether a Claim Element Is Well-Understood, Routine, Conventional for Purposes of Subject Matter Eligibility