The USPTO and DOJ Will Not Seek Review of Wyeth v. Kappos

Both the USPTO and the Department of Justice have decided not to seek further review of the Federal Circuit's decision in Wyeth v. Kappos, No. 2009-1120 (Jan. 7, 2010). The USPTO is preparing guidance for expediting requests for recalculation of patent term adjustment by the USPTO in light of the Wyeth decision. This guidance will be issued as soon as possible.

Applicants and Patent Owners dissatisfied with a patent term adjustment determination by the agency are reminded of the requirement to seek review of that determination within 180 days of patent issuance and the time periods set in the implementing regulations. See 35 U.S.C. sec. 154(b)(4) and 37 CFR 1.705.