Patent term: proceed with caution

A blockbuster drug can generate revenues of more than $5 billion per year. Each day that a patent encompassing such a drug prevents a competitor from entering the market translates into millions of dollars for a company. Patent term extension (PTE) and patent term adjustment (PTA) can significantly lengthen the term of patents. However, without careful prosecution, patent term can be lost due to the doctrine of obviousness-type double patenting (ODP). Provided below is a discussion of the interplay of ODP, PTA and PTE and the impact on drafting and prosecuting patent applications.