Patent Office Awards Patent Term Adjustment Based on Delay Related to a Vacated Office Action

Firm News, Patent

Meunier Carlin & Curfman client Oncolytics Biotech Inc. of Calgary, Alberta, Canada, the assignee of US Patent No. 7,803,385 directed to a modified reovirus for the treatment of cancer, finally received a Certificate of Correction from the US Patent and Trademark Office (USPTO) showing 122 days of patent term adjustment, a patent term adjustment originally and repeatedly denied by the USPTO.

Supreme Court Impacts Medical Diagnostics Patent Claims

IP News, Patent

The decision was handed down by the Supreme Court after a long wait on June 28, 2010.  The Court upheld the Federal Circuit’s ruling that the claims at issue were not patentable subject matter.  For proponents of reduced patent coverage for business method claims it was a Pyrrhic victory.