PTO/SB/134 (05-18)
Application Number: Patent Number:
Filing Date :
Attorney Docket Number:
Applicant:
Patentee hereby requests Recalculation of the Patent Term Adjustment (PTA) under 35 U.S.C. 154(b).
A Request for Recalculation of PTA under this interim procedure is not considered a Request for
Reconsideration within the meaning of 35 U.S.C. 154(b)(3) and 37 CFR 1.705(b). A Recalculation of Patent
Term A djustment under this interim procedure is not the Director’s decision on patentee’s request for
reconsideration within the meaning of 35 U.S.C. 154(b)(3)and (b)(4).
NOTE: This form may be used if the sole basis for requesting reconsideration of PTA is failure of the USPTO
to recognize that an IDS was accompanied by a safe harbor statement under 37 CFR 1.704(d).
Signature
Date
Typed or
printed name
Practitioner
Registration Number
Note: Signatures of all the inventors or assignees of record of the entire interest or their representative(s) are required in accordance with
37 CFR 1.33 and 11.18.
Please see 37 CFR 1.4(d) for the form of the signature. If necessary, submit multiple forms for more than one
signature, see below*.
*Total of forms are submitted.
If you need assistance in completing the form, call 1-800-PTO-9199 and select option 2.
REQUEST FOR RECALCULATION OF PATENT TERM ADJUSTMENT
IN VIEW OF SAFE HARBOR STATEMENT UNDER 37 CFR 1.704(d)
Doc Code: PET.PTA.IDS
Request for Recalculation of Patent Term Adjustment in view of
Safe Harbor Statement under 37 CFR 1.704(d)
Page 2
This form is available for utility and plant patents that that have a filing date on/or after May 29, 2000.
This form is inapplicable to design applications, reissue applications, reexamination applications,
supplemental examination applications, and any plant or utility application that has a filing date prior
to May 29, 2000.
The Office is providing patentee a form titled Request for Recalculation of Patent Term Adjustment in
view of Safe Harbor Statement Under 37 CFR 1.704(d)” (PT0/SB/134) for use in making such
request. Any patentee who uses form PTO/SB/134 may request that the Office recalculate the patent
term adjustment without a request under 37 CFR 1.705(b) or (fee).
A Request for Recalculation of PTA under this interim procedure is not considered a Request for
Reconsideration within the meaning of 35 U.S.C. 154(b)(3) and 37 CFR 1.704(b).A Recalculation of
Patent Term Adjustment under this interim procedure is not the Director’s decision on an applicant’s
request for reconsideration within the meaning of 35 U.S.C. 154(b)(3)and (b)(4). Accordingly, if patentee
disagrees with the recalculation, patentee must respond to the recalculation within two months. No
extensions of time will be available.
Instruction Sheet for:
REQUEST FOR RECALCULATION OF PATENT TERM ADJUSTMENT
IN VIEW OF SAFE HARBOR STATEMENT UNDER 37 CFR 1.704(d)
(Not to be submitted to the USPTO)
Privacy Act Statement
The Privacy Act of 1974 (P.L. 93-579) requires that you be given certain information in connection
with your submission of the attached form related to a patent application or patent. Accordingly,
pursuant to the requirements of the Act, please be advised that: (1) the general authority for the
collection of this information is 35 U.S.C. 2(b)(2); (2) furnishing of the information solicited is voluntary;
and (3) the principal purpose for which the information is used by the U.S. Patent and Trademark
Office is to process and/or examine your submission related to a patent application or patent. If you do
not furnish the requested information, the U.S. Patent and Trademark Office may not be able to
process and/or examine your submission, which may result in termination of proceedings or
abandonment of the application or expiration of the patent.
The information provided by you in this form will be subject to the following routine uses:
1. The information on this form will be treated confidentially to the extent allowed under the
Freedom of Information Act (5 U.S.C. 552) and the Privacy Act (5 U.S.C 552a). Records from
this system of records may be disclosed to the Department of Justice to determine whether
disclosure of these records is required by the Freedom of Information Act.
2. A record from this system of records may be disclosed, as a routine use, in the course of
presenting evidence to a court, magistrate, or administrative tribunal, including disclosures to
opposing counsel in the course of settlement negotiations.
3. A record in this system of records may be disclosed, as a routine use, to a Member of
Congress submitting a request involving an individual, to whom the record pertains, when the
individual has requested assistance from the Member with respect to the subject matter of the
record.
4. A re cord in this system of records may be disclosed, as a routine use, to a contractor of the
Agency having need for the information in order to perform a contract. Recipients of
information shall be required to comply with the requirements of the Privacy Act of 1974, as
amended, pursuant to 5 U.S.C. 552a(m).
5. A record related to an International Application filed under the Patent Cooperation Treaty in
this system of records may be disclosed, as a routine use, to the International Bureau of the
World Intellectual Property Organization, pursuant to the Patent Cooperation Treaty.
6. A record in this system of records may be disclosed, as a routine use, to another federal
agency for purposes of National Security review (35 U.S.C. 181) and for review pursuant to
the Atomic Energy Act (42 U.S.C. 218(c)).
7. A record from this system of records may be disclosed, as a routine use, to the Administrator,
General Services, or his/her designee, during an inspection of records conducted by GSA as
part of that agency’s responsibility to recommend improvements in records management
practices and programs, under authority of 44 U.S.C. 2904 and 2906. Such disclosure shall
be made in accordance with the GSA regulations governing inspection of records for this
purpose, and any other relevant (i.e., GSA or Commerce) directive. Such disclosure shall not
be used to make determinations about individuals.
8. A record from this system of records may be disclosed, as a routine use, to the public after
either publication of the application pursuant to 35 U.S.C. 122(b) or issuance of a patent
pursuant to 35 U.S.C. 151. Further, a record may be disclosed, subject to the limitations of 37
CFR 1.14, as a routine use, to the public if the record was filed in an application which
became abandoned or in which the proceedings were terminated and which application is
referenced by either a published application, an application open to public inspection or an
issued patent.
9. A record from this system of records may be disclosed, as a routine use, to a Federal, State,
or local law enforcement agency, if the USPTO becomes aware of a violation or potential
violation of law or regulation.