What To Expect From USPTO On Patent Term Post-Supernus

By Matt Kamps, Dan Schwartz and Alyssa Eckerley ( February 27, 2019, 3:22 PM EST) -- The U.S. Court of Appeals for the Federal Circuit recently decided Supernus Pharmaceuticals Inc. v. Iancu,[1] holding that because Supernus could not have taken "reasonable efforts to conclude prosecution" of its patent application during a 546-day period — beginning with its filing of a request for continued examination and information disclosure statement, and ending with its receipt of an EU notice of opposition and accompanying references — the U.S. Patent and Trademark Office could not treat the 546-day period as "applicant delay" under 37 C.F.R. 1.704.[2]...

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