BSKB Scores PTA for Pharma ClientBSKB is pleased to announce that it has recently obtained an additional 600 days of Patent Term Adjustment on a U.S. patent for a pharmaceutical client by filing a civil action in the United States District Court in Washington D.C. In this case, at the time the Notice of Allowance was issued, the PTO estimated that the PTA would be 473 days. Before payment of the Issue Fee, a request for reconsideration of the PTA was filed where 4 additional days were requested for an improper deduction of PTA for an extension of time. This request for an additional 4 days was granted. Shortly before the civil action deadline provided by 35 USC 154, BSKB was contacted to determine if additional PTA could be obtained. BSKB filed the civil action and requested an additional 575 days in view of Wyeth v. Dudas as well as an additional 26 days because the PTO used the wrong "start date" PCT national phase entry.
By an agreement between BSKB and the PTO Solicitor's Office, the PTO was ordered to recalculate the PTA. On 9/21/2010, the PTO issued a decision granting an additional 601 days of PTA and ordered the issuance of a Certificate of Correction to reflect the new PTA. The District Court case was handled by Gerald M. Murphy, Jr., Robert J. Kenney, and Greg Hsu. BSKB has also successfully obtained additional of PTA for pharmaceutical and non-pharmaceutical patents in a number of other district court cases. It has been our experience that the U.S. Department of Justice is very cooperative in working with the PTO and the patent owner to quickly resolve PTA cases.