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.
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.