ARTICLE
9 September 2022

Applications For Patent Term Extension (PTE) Now Easily Searchable At USPTO

OM
Oblon, McClelland, Maier & Neustadt, L.L.P

Contributor

Oblon is among the largest US law firms that exclusively practice IP law. Businesses worldwide depend on Oblon to establish, protect and leverage their IP assets. Our team of 100+ legal professionals includes some of the country’s most respected practitioners. Most attorneys hold advanced degrees in engineering, physics, chemistry, biotechnology and other scientific disciplines. Oblon is headquartered within steps of the USPTO office in Alexandria, Virginia. 
As part of the USPTO's effort to make drugs more affordable it is now publishing a list of PTE applications filed within the last five years by filing date as well as a listing all granted PTEs.
United States Intellectual Property

As part of the USPTO's effort to make drugs more affordable it is now publishing a list of PTE applications filed within the last five years by filing date as well as a listing all granted PTEs. This is the first time the USPTO has published a compilation of filed but not yet granted PTE applications. Previously the USPTO published a list of granted PTEs only. Previously the only way to discover if a PTE had been filed for a patent was to review the patent file history. This required that one first review the FDA Orange Book for patents listed for a newly approved drug and then search the USPTO application file records to determine if a PTE had been filed on one or more of the listed patents. The new list includes the drug name, patent number and PTE filing date; it also links directly to the application making review easy. Since a PTE application must be filed within 60 days of a drug's approval the new listing will allow generic drug companies to determine the patent exclusivities quickly and easily for the new drug. A link to the PTE extension page is here. The page has two lists, one for PTEs filed in the last five years and one for all granted PTEs.

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