See 35 U.S.C. 154 b1(A) providing adjustment of patent term for administrative
delays (“the 14-4-4-4” Rule) (\"A delay\")
also 35 U.S.C. 154b1B providing guarantee of no more than 3-year application pendency (“the 3 Year Rule”) (\"B delay\")
There is also a case Wyeth v. Dudas
(DDC 2008) in which the plaintiff challenged the USPTO\'s PTA calculations. At the
district court level, the court held that the USPTO\'s PTA rule interpretation exceeded
its rule-making authority and thus it was invalid. The case is now pending before the
federal circuit as the USPTO appealed. |
