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Request For Recalculation Of Patent Term Adjustment In View Of AIA PTO-SB-132 - Official Federal Forms
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Doc Code: PET.PTA.AIA1 Document Description: Request for Recalculation in view of AIA PTO/SB/132 (05-14) REQUEST FOR RECALCULATION OF PATENT TERM ADJUSTMENT IN VIEW OF AIA TECHNICAL CORRECTIONS ACT Attorney Docket Number: Filing Date (or 371(b) or (f) Date): First Named Inventor: Title: Patent Number: Issue Date: Patentee hereby requests Recalculation of the Patent Term Adjustment (PTA) under 35 U.S.C. 154(b) indicated on the above-identified patent. The international application issued as a patent after January 13, 2013 and before May 20, 2014. A Request for Recalculation of Patent Term Adjustment under this optional procedure is not considered a Request for Reconsideration within the meaning of 35 U.S.C. 154(b)(3) and a Recalculation of Patent Term Adjustment under this procedure in 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). NOTE: This form must be filed prior to August 1, 2014. On or after August 1, 2014, patentee cannot use this optional procedure and must comply with the requirements of 37 CFR 1.705(b). Signature Name (Print/Typed) Date 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. American LegalNet, Inc. www.FormsWorkFlow.com PTO/SB/132 (05-14) Instruction Sheet for: REQUEST FOR RECALCULATION OF PATENT TERM ADJUSTMENT IN VIEW OF AIA TECHNICAL CORRECTIONS ACT (Not to be submitted to the USPTO) This form is available for utility and plant patents that that are (1) international applications issued on or after January 14, 2013, and before May 20, 2014, and (2) have a filing date or after May 29, 2000. Patentees seeking reconsideration of any patent issued on or after May 20, 2014, must comply with the procedure set forth in 37 CFR §§ 1.705(b)(1) and (b)(2). 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 AIA Technical Corrections Act (PTP/SB/132) for use in making such request. Any patentee who uses form PTO/SB/132 may request that the Office recalculate the patent term adjustment without a request under 37 CFR 1.705(b) or (fee). Any request for recalculation that make use of this alternative procedure by filing the form must do so no later than July 31, 2014. It is noted that nothing in this procedure shall be construed as a waiver of the requirement of 35 U.S.C. 154(b)(4) that any civil action by an applicant dissatisfied with a determination made by the Director under 35 U.S.C. 154(b)(3) be filed in the United States District Court for the Eastern District of Virginia within 180 day after the date of the Director's decision on an applicant's request for reconsideration under 35 U.S.C. 154(b)(3). For more information, see "Revision to Patent Term Adjustment" available on the USPTO Web site at http://www.uspto.gov/news/fedreg/fr2014.jsp. Page 2 American LegalNet, Inc. www.FormsWorkFlow.com 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. 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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.