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

Doc Code: PET.PTA.RCAL
Document Description: Request for Recalculation in view of Wyeth

PTO/SB/131 (02-10)
Approved for use through 07/31/2010. OMB 0651-0020
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:
Application
Number:

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

Patent Number:

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). 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.
*Wyeth v. Kappos, No. 2009-1120 (Fed. Cir., Jan. 7, 2010).

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 12 hours 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 (02-10)
Approved for use through 07/31/2010. OMB 0651-0020
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 form must be filed within 180 days of the day the patent was granted, with the
following exception:
Patentees who received a decision from the USPTO under the USPTO’s pre-Wyeth
interpretation of 35 U.S.C. 154(b)(2)(A) may file a request for reconsideration of that decision if
such a request for reconsideration is filed within two months of the date of the decision (37
CFR 1.181(f)). If the patentee’s sole basis for requesting reconsideration of the decision is the
USPTO’s pre-Wyeth interpretation of 35 U.S.C. 154(b)(2)(A), the request for reconsideration
need only state that reconsideration is being requested in view of Wyeth (this form may be
used for this purpose if it is filed within two months of the date of the decision from the
USPTO).

Do not use this form if the application has been allowed, but not yet issued as a
patent.
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.

For more information, see “Notice Concerning Calculation of the Patent Term Adjustment
With Respect to the Overlapping Delay Provision of 35 U.S.C. 154(b)(2)(A)” available on the
USPTO Web site at http://www.uspto.gov/patents/law/notices/2010.jsp.

*Wyeth v. Kappos, No. 2009-1120 (Fed. Cir., Jan. 7, 2010).

Page 2

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