USPTO To Require Form To Invoke PTA Safe Harbor For IDS

The USPTO still is not accounting for IDS "safe harbor" statements when calculating patent term adjustment (PTA), but a recent Federal Register Notice suggests it is inching closer to being able to do so. As explained in this article on PharmaPatents blog, the USPTO proposes to require use of a form to invoke the PTA safe harbor when filing an IDS. The USPTO will train its PTA algorithm to take into account when such a form has been filed, and (hopefully) calculate PTA correctly. In the meantime, patent owners can request recalculation of a PTA award by filing a simple form if the only error at issue relates to an IDS filed with a safe harbor statement. Otherwise, patent owners must request reconsideration of a PTA award, which requires a detailed explanation and fee. Patent owners who want to maximize the term of their patents should keep the PTA rules in mind when establishing and assessing internal practices that may impact the timing of IDS submissions, and consider making safe harbor statements when applicable.