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ARTICLE · 10 JULY 2019

Update & Reminder: Patent Term Adjustment Related To IDS Safe Harbor

Oblon
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This is particularly important in technology fields that are sensitive to patent term adjustment.

United StatesIntellectual Property
Oblon, McClelland, Maier & Neustadt, L.L.P
Oblon, McClelland, Maier & Neustadt, L.L.P
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On November 9, 2018, I wrote about the USPTO's release of interim procedures for patentees to request recalculation of the patent term adjustment with respect to information disclosure statements accompanied by a proper safe harbor statement under 37 CFR. 1.704(d) ( https://www.oblon.com/publications/uspto-releases-interim-procedure-for-requesting-recalculation-of-patent-term-adjustment-related-to-the-ids-safe-harbor)

Although it is not often that patentees invest the time and money to verify the accuracy of the USPTO's final patent term adjustment determination, it is important to always keep abreast of when and where errors may arise. This is particularly important in technology fields that are sensitive to patent term adjustment.

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