Type C Patent Term Adjustment Requires Fully Successful Appeal
In Sawstop Holding LLC v. Vidal, the Federal Circuit upheld the USPTO’s interpretation of the Patent Term Adjustment (PTA) statute that limits the availability of PTA for time spent appealing an Examiner’s rejection. The decision may lead to more scrutiny of Patent Trial and Appeal Board decisions that “affirm” an appealed rejection on the basis of “a new ground of rejection.” The decision also may encourage applicants to structure their appeals such that a favorable […]