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The USPTO Proposes to Establish Permanent Electronic Filing for Patent Term Extension Applications

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On May 6, 2022, the United States Patent and Trademark Office (USPTO) issued a Notice, proposing to amend the Rules of Practice in Patent Cases to allow electronic submissions of patent term extension (PTE) applications, interim PTE applications, and any related submissions to the USPTO via the USPTO patent electronic filing system (EFS-Web or Patent Center).



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We are Morrison Foerster — a global firm of exceptional credentials. Our clients include some of the largest financial institutions, investment banks, and Fortune 100, technology, and life sciences companies. Our lawyers are committed to achieving innovative and business-minded results for our clients, while preserving the differences that make us stronger.Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Prior results do not guarantee a similar outcome.

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On May 6, 2022, the United States Patent and Trademark Office (USPTO) issued a Notice, proposing to amend the Rules of Practice in Patent Cases to allow electronic submissions of patent term extension (PTE) applications, interim PTE applications, and any related submissions to the USPTO via the USPTO patent electronic filing system (EFS-Web or Patent Center).Read the <a target="_blank" href="https://lifesciences.mofo.com/topics/the-uspto-proposes-to-establish-permanent-electronic-filing-for-patent-term-extension-applications.html">full blog post</a>.

The USPTO Proposes to Establish Permanent Electronic Filing for Patent Term Extension Applications

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Dr. Lisa Silverman’s practice focuses on patent portfolio management and strategic patent counseling in the areas of life sciences, pharmaceuticals, and chemistry. She has extensive experience in securing U.S. and global patent protection for pharmaceutical products and a deep understanding of patent lifecycle management and strategies for maximizing patent term and product exclusivity. She co-leads the firm’s Pharmaceutical Patent practice, and she is a member of the firm’s Life Sciences + Healthcare Leadership Team. Lisa works with clients on diverse technologies including small molecule pharmaceuticals, antibody-drug conjugates (ADCs), peptide therapeutics, pharmaceutical formulations and uses, drug-device combinations, cosmetics, digital therapeutics, clean technology, bioassays, and medical devices.As a member of the firm’s <a href="/capabilities/venture-intellectual-property" target="_self">Venture Intellectual Property Group</a>, Lisa routinely represents clients in both investor- and target-side IP due diligence, including patentability and freedom-to-operate assessments, and she provides advice to transactions teams on IP considerations for licensing, financing, and M&A deals. She has a keen interest in the intersection of patent and regulatory considerations for pharmaceutical products and medical devices.  She has prepared numerous applications for patent term extensions for approved drugs and medical devices, and she frequently advises on patent strategies for optimizing Orange Book listings.Lisa represents companies of all sizes, from start-ups to multi-national corporations, as well as venture capital, private equity, and other investment firms, and she provides advice tailored to each client’s unique business needs. She has worked with large companies to ensure robust patent protection for marketed drug products. She has worked closely with mid-size companies to expand patent protection and mitigate potential infringement risks as lead drug candidates have moved through clinical development toward commercialization. She has advised small companies on securing early foundational patents.Lisa received her J.D. from Stanford Law School. Prior to entering the legal field, Lisa obtained her Ph.D. in chemistry from Stanford University, where she was the recipient of a National Science Foundation Graduate Research Fellowship.

Lisa Silverman

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Dr. Yuying (Kate) You advises life sciences and biotechnology clients on complex intellectual property strategy, offering pragmatic and business-aligned counsel to support innovation and commercialization. She partners with in-house teams to develop robust patent strategies tailored to evolving technologies and competitive landscapes, with a focus on maximizing long-term portfolio value and practical outcomes.Kate has deep experience in advising on a broad spectrum of technologies, including cell therapy (such as CAR-T, TCR-T, NK, Treg), gene therapy, biologics, cancer therapeutics, metabolic modulators, in vivo delivery vehicles and strategies, circular RNA, and diagnostics/prognostics. She is experienced in portfolio building, balancing strategic strength, commercial priorities, and lifecycle planning.Prior to joining the firm, Dr. Kate You was postdoctoral fellow at Stanford University, School of Medicine, Department of Neurology, where she worked on multiple clinical research projects, established several international and domestic collaborations, and developed a novel diagnostic assay for an autoimmune neurological disease. During her Ph.D. study at University of Alabama at Birmingham in the department of microbiology, Dr. You conducted two research projects on basic immunology, both published in peer-review journals. Dr. You received the Hiramoto Travel Award and was invited to orally present her findings at three international conferences.Dr. You was co-president of the Chinese Life-Science Postdocs and Students at Stanford for a year and president at the Chinese American BioPharmaceutical Society (CABS).Dr. You earned her J.D. at University of California, in Los Angeles, CA, her  Ph.D. in microbiology/immunology from the University of Alabama in Birmingham, AL and her B.S. in biology from the Fudan University in Shanghai, China.Dr. You is admitted in California and is fluent in Mandarin.