No, because the cock ticks but to total protection time doesn't go down. There is no need for a hurry from that aspect which was you statement (or at least what I understood of it).
So the clock ticking is irrelevant in this case because PPHM is only interested in benefiting from the patents protection as long as possible.
So if the clock ticks since filing then after 20 years (US/Europe continental) the 20 years protection period doesn't end because PPHM may extend the protection based on the fact that the clock KEPT ticking during the FDA procedure. They file for that.
And that was your point to INCITE PPHM to hurry up (because the clock ticks towards the end of the 20 years), wasn't it?
The usage of the patent is regulation. All waiting time in FDA procedures, after granting of the patent, doesn't count any more if PPHM starts using/applying the matter protected by the patent and uses it commercially.
Therefore PPHM does better by synchronizing the Bavi pipeline and get all approvals after Lung (Breast, Liver, etc) as close as possible because their clinical trials will no longer qualify as argument to extend the protection period.
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