Form PTO/SB/131 Request for Recalculation of Patent Term Adjustment in V

Doc Code: REQ.PTA.RECAL
Document Description: Request for PTA Recalculation in view of Wyeth
PTO/SB/131 (01-10)
Approved for use through xx/xx/2010. OMB 0xxx-00xx
U.S. Patent and Trademark Office; U. S. DEPARTMENT OF COMMERCE
Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number.

REQUEST FOR RECALCULATION OF PATENT TERM ADJUSTMENT
IN VIEW OF WYETH
Attorney Docket
Number:

Patent Number:

Filing Date
(or 371(b) or (f) Date):

Issue Date:

First Named
Inventor:
Title:

PATENTEE HEREBY REQUESTS RECALCULATION OF THE PATENT TERM ADJUSTMENT (PTA)
UNDER 35 USC 154(b) INDICATED ON THE ABOVE-IDENTIFIED PATENT. THE PATENTEE’S
SOLE BASIS FOR REQUESTING THE RECALCULATION IS THE USPTO’S PRE-WYETH
INTERPRETATION OF 35 U.S.C. 154(b)(2)(A).

Note: This form is only for requesting a recalculation of PTA for patents issued before
March 2, 2010 if the sole basis for requesting the recalculation is the USPTO’s pre-Wyeth
interpretation of 35 U.S.C. 154(b)(2)(A). This request must be filed within 180 days of the
day the patent was granted. See Instruction Sheet on page 2 for more information.
Patentees are reminded that to preserve the right to review in the United States District Court
for the District of Columbia of the USPTO’s patent term adjustment determination, a patentee
must ensure that he or she also takes the steps required under 35 U.S.C. 154(b)(3) and (b)(4)
and 37 CFR 1.705 in a timely manner.

Signature

Date

Name
(Print/Typed)

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.

The information is required to obtain or retain a benefit by the public which is to file (and by the USPTO to process) an application. Confidentiality is governed by
35 U.S.C. 122 and 37 CFR 1.11 and 1.14. This collection is estimated to take 10 minutes to complete, including gathering, preparing, and submitting the
completed application form to the USPTO. Time will vary depending upon the individual case. Any comments on the amount of time you require to complete this
form and/or suggestions for reducing this burden, should be sent to the Chief Information Officer, U.S. Patent and Trademark Office, U.S. Department of
Commerce, P.O. Box 1450, Alexandria, VA 22313-1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO: Commissioner
for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.

If you need assistance in completing the form, call 1-800-PTO-9199 and select option 2.

PTO/SB/131 (01-10)
Approved for use through 05/31/2010. OMB 0xxx-00xx
U.S. Patent and Trademark Office; U. S. DEPARTMENT OF COMMERCE
Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number.

Instruction Sheet for:
REQUEST FOR RECALCULATION OF PATENT TERM ADJUSTMENT
IN VIEW OF WYETH
(Not to be Submitted to the USPTO)

This form is only for requesting a recalculation of PTA for patents issued
before March 2, 2010, if the sole basis for requesting the recalculation is the USPTO’s
pre-Wyeth interpretation of 35 U.S.C. 154(b)(2)(A).
This request for recalculation of PTA must be filed within 180 days of the day the
patent was granted.
1. For patents issued before March 2, 2010: A request for reconsideration under 37 CFR
1.705(d) and the fee set forth in 37 CFR 1.18(e) are not required, provided that the patentee’s
sole basis for requesting recalculation of the PTA in the patent is the USPTO’s pre-Wyeth
interpretation of 35 U.S.C. 154(b)(2)(A) and this form is filed within 180 days of the day the patent
was granted.

2. For patents issued on or after March 2, 2010 (do not use this form): Patentees seeking a
revised PTA in a patent issued on or after March 2, 2010 must file a request for reconsideration
under 37 CFR 1.705(d) that complies with the requirements of 37 CFR 1.705(b)(1) and (b)(2)
within two months of the day the patent issued.

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