Patent Term : CAFC Alert

CAFC holds all the claims of a patent have the same expiration date, whether the claims are drawn to the product subject to patent term extension or not

Lee Wright | April 11, 2012

Genetics Institute, LLC v. Novartis Vaccines and Diagnostics, Inc.

August 23, 2011

Panel: Lourie, Plager and Dyk.  Opinion by Judge Lourie.  Concurrence-in-part and dissent-in part by Dyk.

Summary:

Today, we bring you the second in a series of three articles regarding an important case from last year.   For part 1, click here.  This article discusses the following question:

Question: Where a patent has been granted an extension of term due to regulatory review, is there a different expiration date for the claims that were the subject to the regulatory review and the claims that do not claim the approved product?

Answer:  The expiration date is not determined on a claim by claim basis.

A patent, and therefore all of the claims in the patent, have the same expiration date, which is the expiration date as extended by patent term extension.


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