Federal Circuit Decides No PTA for PTO Delay in Sending Corrected Restriction Req.

January 27, 2016

The Federal Circuit upheld the district court’s decision to deny patent term adjustment of 197 days of USPTO delay in sending a corrected Restriction Requirement. The CAFC held that “because the initial restriction requirement placed the applicants on notice of “the broad statutory basis for [the rejection of their] claims,” Chester, 906 F.2d at 1578, the restriction requirement satisfied the notice requirement of Section 132” … and therefore that the USPTO’s “alleged delay is not the type of error for which the Act was intended to compensate.” To see the full opinion from Judge O’Malley click  HERE.