Attachment 32 - CofC Patent Term Adjustment SOP_Nov 13 2017.pptx
PPTX presentation 133 KB Posted
- Attached to
- Patent Data and Document Management (PDDM)
- Solicitation number
- 1333BJ20R00151004
About this file
This document outlines the standard operating procedure for issuing Certificates of Correction to adjust patent term adjustments by the United States Patent and Trademark Office. It details the multi-step process where the Office of Patent Legal Administration provides a list of patent numbers requiring adjustment to the Office of Data Management and contractor. The contractor is then responsible for generating the Certificates of Correction, inserting the number of days granted, and electronically delivering the final certificates to the Office of Data Management for printing, mailing, and publication. It also references a related federal contract solicitation seeking contractor support to manage the entire patent application life cycle from filing to final disposition, with requirements including application processing, document management, and other related services.
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Text version
Office of Data Management Certificate of Correction for Patent Term Adjustments
Standard Operating Procedure 11/13/2017
Patent Term Adjustment - Background
As result of the January 2010 U.S. Federal Circuit Court decision, the USPTO is required to recalculate the Patent Term Adjustment (PTA) determination of a number of its issued patents. Therefore, applicants and patent owners dissatisfied with a patent term adjustment determination by the USPTO were required to seek review of that determination within 180 days of patent issuance and the time periods set in the implementing regulations. The USPTO has begun its recalculation of those applicants and patent owners who have sought such relief.
Once the USPTO has recalculated the PTA, it is required to issue a Certificate of Correction providing the new PTA value.
Certificate of Correction Cycle for Patent Term Adjustments
Step 1 OPLA Generates a List of USPTO Initiated Corrections to Patent Term Adjustments and Forwards to ODM and Contractor.
Step 2 Contractor Process Requirements
Step 3 Contractor Creates a Certificate of Correction
Step 6 ODM/DTSV Mails Out Completed Certificate of Correction for Patent Term Adjustment
Step 5 Contractor Electronically Forwards the Certificates of Correction to ODM and Web Group.
Step 4 Program Analyst forwards Address Mailing Labels from the List Generated by PALM
USPTO/OPLA Corrections to Patent Term Adjustments
The Office of Patent Legal Administration (OPLA) will submit a Microsoft Excel spreadsheet to Office of Data Management (ODM) containing the patent numbers requiring a Certificate of Correction (C of C) for a Patent Term Adjustment (PTA).
On day one OPLA electronically transmitted a listing of 8,000 patent numbers to ODM in a MS Excel spreadsheet file named PTACoCListing.xls to be processed by the data capture contractor. The spreadsheet contained all of the data necessary for the issuance of the Certificates of Correction.
For each Certificate of Correction, the following information will be provided in the spreadsheet (see sample on next page):
Application Serial Number (APPNO) Patent Number (PATNO) Issue Date (ISSDT) Inventor(s) (INVT) The Inventor(s) data will be shown as:
| Ralph Brown if a single inventor (first and last name) or |
| Brown et al. if multiple inventors (last name of first inventor with et al.) |
Number of Days Being Granted by Recalculation
Contractor - Process Requirements Contractor is responsible for generating the Certificates of Correction for Patent Term Adjustment from the MS Excel.
Approximately 1000 Certificates of Correction due to Patent Term Adjustment along with a weekly load of 500 traditional Certificates of Correction will be delivered from Contractor to USPTO.
Contractor will deliver a C of C file named cofc_yb2_20100713_PTA.tar which contains the created C of C’s on a weekly basis to ODM/ USPTO Web Group for yellow book and eOG publication. (See details on attachment shown on last page of this document.)
Contractor will deliver and load final certificates into IFW for each application (current process).
Contractor will deliver an electronic file, comprising final ‘Certificates of Correction’ in PDF format to ODM/DTSV group for printing and mailing to the Applicants.
Creating a Certificate of Correction - Contractor Each Certificate of Correction will issue with the following template:
On the Front Page:
The first or sole Notice should read –
Subject to any disclaimer, the term of this patent is extended or adjusted under 35 U.S.C. 154(b) by XXXX days.
For each Certificate of Correction the data capture contractor will insert the “Number of Days Being Granted by Recalculation” shown on the MS Excel spreadsheet (see attached sample).
Once the C of C containing the PTA date has been created, it is forwarded electronically to ODM/DTSV to complete the process.
Mailing a Certificate of Correction for Patent Term Adjustment -DTSV
An ODM Program Analyst will create an address mailing list from the MS Excel spreadsheet and forward to DTSV to go along with the corresponding C of C’s.
An ODM program Analyst will load into C of C Database.
DTSV contractors in ODM shall complete the final steps in the process for mailing the Certificate of Correction for Patent Term Adjustment by:
Applying of the gold seal to the printed Certificate of Correction Affixing the address label to the envelope Mailing the Certificate of Correction
Electronic Version of C of C for PTA image2.png image3.png
File details come from the government source that posted it. Updated .