In a recent article published in IPWatchdog, Knobbe Martens partner Jarom Kesler explores the impact of In re Forest, a 2025 Federal Circuit decision that addressed the question, “What value is a patent that expires before it issues?” Beyond analyzing the decision itself, Kesler breaks down the U.S. Patent and Trademark Office’s June 2026 Patent Alert in response to the court’s decision, the role of patent-term adjustment (PTA) in patent prosecution, and how patent practitioners should approach PTA strategy in a post-Forest landscape.
“Given Forest and the USPTO’s response, patent term should not be viewed solely as an issue for allowed or issued patents,” writes Kesler. “Practitioners should carefully consider the likelihood of issuance before expiry for late-filed patent applications, and should estimate the available PTA when considering whether to maintain pendency,” he adds.
Summarizing the significant bearing that Forest will have on U.S. patent prosecution, Kesler concludes, “Patent term is not merely a post-issuance concern. In the post-Forest era, PTA may determine not only how long a patent remains in force, but also whether the application remains pending.”
Read the full article, “Risky Business: Patent Term Adjustment in the Post-Forest Era”, in IPWatchdog.
Subscribe for News and Updates
