Patent Term Adjustment (PTA) is a statutory right meant to compensate patentees for administrative delays at the USPTO, but the complexities of its implementation can hinder its intended purpose.
The intricate rules of PTA often create pitfalls for patentees, including potential loss of PTA for actions such as filing Information Disclosure Statements, emphasizing the need for a clearer understanding.
Recent judicial cases have highlighted the crucial importance of understanding PTA amidst an increasing backlog at the USPTO, where more than half of pending applications might qualify for PTA.
Despite judicial focus on PTA, practitioners must remain attentive to its practical application, ensuring that actions taken do not inadvertently cause loss of eligible patent term.
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