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ARTICLE · 03 AUGUST 2023

Revised Rule Requiring Use Of USPTO Form For IDS Safe Harbor

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With the required statement, these filings will not be considered applicant delay resulting in a reduction of patent term adjustment (PTA).

United StatesIntellectual Property
Elisabeth A. Koral
Elisabeth A. Koral

Starting July 17, 2023, to ensure an efficient avoidance of a negative PTA, in certain instances, revised 37 CFR 1.704(d) will include a new paragraph (d)(3) requiring the use of Office form PTO/SB/133 and the appropriate document code (PTA.IDS). The use of the document code PTA.IDS specifically for form PTO/SB/133 is a representation that the applicant is filing form PTO/SB/133 with no alterations to the text of the form.

"Safe Harbor"

Currently, 37 CFR 1.704(d) provides a "safe harbor," for (1) a filing containing only an information disclosure statement (IDS) or (2) a request for continued examination (RCE) filing with no additional submission other than an IDS, if accompanied by the required statement under 37 CFR 1.704(d)(1). With the required statement, these filings will not be considered applicant delay resulting in a reduction of patent term adjustment (PTA).

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