By
Donald Zuhn —

The
U.S. Patent and Trademark Office has announced that the Office and Department of Justice will not be seeking further review of
the Federal Circuit's decision in Wyeth
v. Kappos.  In announcing this decision,
the Office also stated that it is in the midst of "preparing guidance for
expediting requests for recalculation of patent term adjustment by the USPTO in
light of the Wyeth decision," and that such guidance "will be issued
as soon as possible.

As
in its January 10th announcement regarding the Wyeth decision, the Office noted that:

Applicants
and Patent Owners dissatisfied with a patent term adjustment determination by
the agency are reminded of the requirement to seek review of that determination
within 180 days of patent issuance and the time periods set in the implementing
regulations. See 35 U.S.C. sec. 154(b)(4) and 37 CFR 1.705.

For
additional information regarding this and other related topics, please see:

• "USPTO Posts Notice Regarding Wyeth Decision," January 11, 2010
• "The Federal Circuit's Wyeth v. Kappos Decision," January 10, 2010
• "Wyeth v.Kappos (Fed. Cir. 2010)," January 7, 2010
•
"Patent Term Adjustment: 37 C.F.R. § 1.704(b)'s Three-Month Provision,"
November 17, 2009
•
"USPTO Says Some Requests for PTA Reconsideration Are Premature,"
September 7, 2009
•
"Fish & Richardson Catches Error in Patent Office's PTA Calculation,"
July 30, 2009
•
"More § 154(b)(4)(A) Actions Filed against Director," February 8,
2009
•
"Three More Patentees File § 154(b)(4)(A) Actions against Director Dudas,"
January 12, 2009
•
"More Patentees Follow Wyeth's Lead in Seeking Additional PTA,"
December 3, 2008
•
"USPTO to Appeal Wyeth v. Dudas," December 2, 2008
•
"Two Patentees Follow Wyeth's Lead in Seeking Additional PTA,"
November 12, 2008
•
"Wyeth v. Dudas (D.D.C. 2008)," October 16, 2008