What is the interim procedure for requesting PTA recalculation when the USPTO fails to recognize a timely filed safe harbor statement?
The USPTO has created an interim procedure for requesting patent term adjustment (PTA) recalculation when the Office fails to recognize a timely filed safe harbor statement. Key points of this procedure include:
- Use of form PTO/SB/134 instead of the standard request under 37 CFR 1.705(b)
- Waiver of the fee set forth in 37 CFR 1.18(e)
- Must be filed within the time period set in 37 CFR 1.705(b)
- Only applies when the sole reason for contesting PTA is the Office’s failure to recognize a timely filed safe harbor statement
The MPEP states: “The interim procedure will remain in effect until the Office can update the patent term adjustment computer program and provide notice to the public that the computer program has been updated.”
To learn more:
Topics:
Adjustments,
And Extensions,
MPEP 2700 - Patent Terms,
MPEP 2734 - Application For Patent Term Adjustment; Due Care Showing,
Patent Law,
Patent Procedure