The USPTO announced that it is providing patentees with a new interim procedure for requesting Patent Term Adjustment recalculation. The new procedure allows for the request without a fee or petition that is usually required under 37 CFR 1.705(d). This procedure is being put into place to comply with the Federal Circuit Decision in Wyeth v. Kappos, No. 2009-1120 (Fed. Cir., Jan 7, 2010). In order to qualify the request must meet the following:
(1) be filed no later than 180 days from the issue date of the patent;
(2) be filed prior to March 2, 2010; and
(3) the alleged errors must be the ones specifically identified in Wyeth.
John C. Thomas III