February 02, 2010

On Thursday, the USPTO announced an interim procedure for certain patentees to request a patent term adjustment (PTA) calculation in view of the recent Federal Circuit decision in Wyeth v. Kappos. This announcement (press release available HERE and formal interim procedure notice available HERE) provides patentees who have received their patents within 180 days from submission of USPTO Form PTO/SB/131 (available HERE in .pdf form from the USPTO) with the opportunity to request a free PTA calculation without the need to pay the typical fee involved with the same. This request window will end on March 2, 2010, as the USPTO expects that its software used to calculate PTA will be updated by then. As noted within the USPTO press release, "[a]n applicant is entitled, subject to certain conditions and limitations, to patent term adjustment if (1) the USPTO fails to take certain actions during the examination and issue process within specified time frames; (2) if the USPTO fails to issue a patent within three years of the actual filing date of the application; and (3) for delays due to interference, secrecy order, or successful appellate review." Form PTO/SB/131 is literally one page long (excluding instructions and privacy notices), and requires only the basic patent information to be included therein. If you decide to use this procedure, please share some feedback via comment to this blog post.

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Mark Reichel
Reichel IP LLC

I am a patent attorney with Reichel IP LLC, where I concentrate my practice on patent drafting and prosecution, trademarks, and general intellectual property matters. I currently focus on the preparation and prosecution of medical device and other life sciences patent applications, and being actively involved in a number of local not-for-profit organizations.

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