In re Cellect became a major 2023 warning for patent owners relying on patent term adjustment.
The Federal Circuit affirmed PTAB reexamination decisions and held that obviousness-type double patenting for a PTA-extended patent is assessed based on the expiration date after PTA is added.
For portfolio management, the practical consequence is significant. Terminal disclaimers, continuation strategy, and PTA value need to be modeled together rather than in separate prosecution silos.
The case should anchor IPDispatch's 2023 patent-term coverage because it connects a technical prosecution benefit to enforceability risk.