The US Court of Appeals for the Federal Circuit’s decision in In re Cellect has sparked discussions among legal professionals, especially those in the intellectual property sector. The decision has been seen as dealing a blow to patent term adjustment (PTA), and hence has consequential implications for businesses and law firms alike.
The court clarified in this case that when considering if a reference patent invalidates for obviousness-type double patenting (ODP) a patent having a term that extends beyond the 20-year statutory term – potentially due to patent term extension (PTE) or patent term adjustment (PTA) – the determination of which patent expires later must consider whether the term extension arises from PTE or PTA.
The ramifications of this ruling could be considerable. PTAs and PTEs are crucial in the lifespan of a patent and this new clarification presents a shift in how these concepts may be applied moving forward. Legal teams would need to understand this evolution in patent law, as it could affect patent application strategies and actions on pre-existing patents.
While this case offers an important lens into the intricate world of patent law, it also underscores the Federal Circuit Court’s commitment to providing clarity on patent terms, evident in previous decisions.
The Federal Circuit’s nuanced ruling in In re Cellect signals a commitment to ensuring that PTA and PTEs are used in a manner consistent with the principles of patent law. Legal professionals should closely scrutinize this development and its potential impact on future patent strategies.