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Extensions to patent term in the U.S. and worldwide

AUGUST 2018

Author

Richard Bone
McDermott Will & Emery LLP, Menlo Park, CA

Presentation

256th ACS National Meeting – Boston
Monday, August 20, 2018, 2:15PM
“Extensions to Patent Term in the U.S. & Worldwide”

Abstract

This symposium will address methods of obtaining patent terms that extend beyond the normal 20-year terms afforded by most countries. The Hatch-Waxman regime in the U.S. provides a system for awarding extensions to patent term for drug products that have been subjected to a regulatory approval process. Patent Term Adjustment is now also a key component of a strategy to extend U.S. patent term. Other countries worldwide offer Supplementary Protection Certificates to provide patentees with extended coverage for products that have received marketing authorization. These provisions, when coupled with data exclusivity possibilities, provide a valuable extension of rights for approved drug products.