What is the “safe harbor” provision for patent term adjustment reductions?

The “safe harbor” provision for patent term adjustment (PTA) reductions is an important exception described in MPEP 2732. This provision is outlined in 37 CFR 1.704(d) and states:

“A paper containing only an information disclosure statement in compliance with §§ 1.97 and 1.98 will not be considered a failure to engage in reasonable efforts to conclude prosecution (processing or examination) of the application under paragraphs (c)(6), (c)(8), (c)(9), or (c)(10) of this section if it is accompanied by a statement that each item of information contained in the information disclosure statement [meets certain criteria].”

In essence, the “safe harbor” provision allows applicants to submit information disclosure statements (IDS) without incurring a PTA reduction, provided they meet specific conditions:

• The IDS is submitted within 30 days of the date it was first cited in a communication from a patent office in a counterpart foreign or international application
• The IDS is submitted within 30 days of the date it was first cited in any communication from a party in a counterpart foreign or international application

This provision is designed to encourage applicants to promptly disclose relevant information without fear of PTA reduction, promoting transparency in the patent examination process.

To learn more:

• safe harbor provision
• patent term adjustment
• PTA reduction
• information disclosure statement
• MPEP 2732