Federal Circuit Rules Against USPTO in Wyeth v. Kappos

In a January 7, 2010 decision, the Federal Circuit overturned the USPTO's interpretation of how to adjust patent terms to compensate for delays by the USPTO. In Wyeth v. Kappos the Court ruled that the plaintiffs "were entitled to extended patent term adjustments under 35 U.S.C. § 154(b)" and reinterpreted the length of the allowable extension. The USPTO had caused delays in the prosecution of plaintiffs' Patent Nos. 7,179,892 and 7,189,819 that treat Alzheimer's disease. According to a USPTO notice, both the USPTO and the Department of Justice have decided not to seek further review of the decision. The USPTO is preparing new guidelines for expediting requests for recalculation in light of Wyeth.