In the recent ruling of In re Cellect, LLC, Case Nos. 2022-1293; -1294; -1295; -1296 (Fed. Cir. Aug. 28, 2023), the Federal Circuit has prompted questions surrounding the validity of cases where multiple patents, from the same applicant, cover overlapping inventions, yet have disparate expiry dates due to patent term adjustment (PTA). This comes on the heels of a recent case.
Patent term adjustment can result in patents from the same applicant, which cover largely similar inventions, having different patent expiration dates. The issue of overlapping inventions with varied expiry timelines poses a challenge to the existing schema of patent term adjustment.
The Federal Circuit’s decision brings to the fore the need for applicants to cautiously review patent portfolios to identify and manage potential overlap risks. Moving forward, it would be advantageous for legal professionals to cultivate a deep understanding of the recent developments in patent term adjustment and its implications.
Importantly, attorneys, corporations, and law firms need to stay abreast with the evolutions in the patent landscape, such as this ruling. The burgeoning complexities demand a robust understanding to guide strategies in obtaining and preserving patent rights, as well as avoiding potential infringement consequences.