We can take two valuable lessons from a recent decision of the Federal Circuit:
- Review all check boxes on forms when filing a U.S. patent application; and
- The United States Patent and Trademark Office is not to blame for deadlines falling on federal holidays.
On February 6, 2018, in Actelion v. Matal, the Federal Circuit affirmed the decision of the district court granting summary judgment in favor of the United States Patent and Trademark Office (PTO). The dispute centered on the 40-day “A delay” patent term adjustment (PTA) awarded by the PTO to Actelion for U.S. Patent 8,658,675 (“the ‘675 patent”), entitled “Pyridin-4-yl Derivatives.” Actelion asserted that it was entitled to 45 days of PTA, or alternatively, at least 41 days.