New changes in US patent term adjustment calculations after Novartis v. Lee.
نویسندگان
چکیده
Pharmaceutical and medical device companies strive to maximize patent term as lengthy development and regulatory review processes precede commercial sales. Most patents internationally receive a standard term of 20 years from the initial application filing date. But US patents frequently receive a longer term, mainly due to patent term adjustment (PTA). PTA offers extra patent term to compensate for certain application processing delays at the United States Patent and Trademark Office (USPTO). About 70–80% of US patents receive some PTA, with an average PTA award of about 10–12 months [1]. In addition to PTA, US pharmaceutical and device patents may receive extra term due to regulatory delays at the Food and Drug Administration, while submission of a terminal disclaimer may also shorten a patent term by linking together two related patents so that they expire on the same day and remain commonly owned.
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عنوان ژورنال:
- Pharmaceutical patent analyst
دوره 4 3 شماره
صفحات -
تاریخ انتشار 2015