Novartis AG v. Lee

In 1999, Congress provided for extensions of patent terms to compensate for certain application-processing delays caused by the Patent and Trademark Office; 35 U.S.C. 154(b)(1) makes a “Guarantee of no more than 3-year application pendency,” The statute provides that “the term of the patent shall be extended 1 day for each day” that the PTO does not meet certain response deadlines, for each day after the PTO fails to issue the patent within three years, subject to exclusions, and for each day of delay due to an interference, secrecy order, or successful applicant appeal. Novartis challenged PTO determinations of how much time to add to the otherwise-applicable term 18 of its patents. The district court dismissed claims regarding 15 patents as untimely. For the other three, the court rejected the PTO’s construction of the statutory provision. The Federal Circuit affirmed with respect to timeliness, but held the PTO was partly correct and partly incorrect in its interpretation of section 154(b)(1)(B). Novartis was entitled to most, but not all, of three patent term adjustment. View "Novartis AG v. Lee" on Justia Law