Waxman/Hatch extensions may be added to 20-year GATT term for most patents -- federal appeals court.

Executive Summary

WAXMAN/HATCH EXTENSIONS MAY BE ADDED TO 20-YEAR GATT PATENT TERM if the original 17-year term of the patent was in force at the time the Uruguay Rounds Agreement Act took effect June 8, 1995, under a ruling by the D.C. federal appeals court. Chief Judge Glenn Archer, Senior Circuit Judge Helen Nies and Circuit Judge Paul Michel decided the consolidated cases of Merck, Schering-Plough, Bracco, Roche and Organon v. FDA, the Patent & Trademark Office and the Generic Pharmaceutical Industry Association April 4. The court issued a split ruling: patents that were in force when the URAA took effect by virtue of Waxman/Hatch extensions will not be able to add the Waxman/Hatch time to a 20-year term.