One new problem that is just now rising comes from the Exelixis v. Kappos decision in the E.D.Va. Prior to that case, it was thought that RCE filing would have the negative effect of limiting patent term adjustment (PTA). However, that case held that a patentee will still be able to collect significant day-for-day PTA even when filing multiple RCEs. This provides a new incentive for applicants to be happy with delays in prosecution.
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