Non-member submission from ["Tyson, Karin" <Karin.Tyson@USPTO.GOV>]
Please do not post any other e-mails that I send you on discussion
groups or elsewhere without checking with me first.
-----Original Message-----
From: Tyson, Karin20
Sent: Friday, June 09, 2000 2:55 PM
To: 'piug-l@derwent.tecc.co.uk';
'Sara_K_Davis@sbphrd.com '
Subject: Information on US Patent Term Extensions
Ms. Davis-
Your e-mail was directed to me for a reply. As to patent
term extensions under 35 USC 156, we haven't issued any extensions for
some time, but will be granting 35 in the next month or two. FDA made some
staffing changes which resulted a delay in the processing of the
applications, and then there were further delays because when they gave
me their final letters, I was in the middle of rulemaking for the new
patent term adjustment legislation.
Patent term adjustments under 35 USC 156 will continue to be
done by a certificate placed in the C of C field of a granted patent.
We also publish Official Gazette Notices of the patent extension.
Database providers such as Derwent make this information readily available,
but
the information is not find-able searching the US patent database because
Certificates of Correction are not text searchable at this time. The USPTO
is making plans to add this information to the patent text database,
but this search feature is probably years away.
I do maintain an Excel spreadsheet of pending patent term
extension applications, you may wish to ask me for it from time to time
in order to be better able to predict the term extension. (I would want
to e-mail it.) Another good way to predict a term adjustment is by
looking at the E-FOIA part of the homepage. We put up all of the Notice of
Final
Determination there.
(http://www.uspto.gov/web/offices/com/sol/foia/comm/pte/pte.htm)
By new legislation, I think you mean the changes to 35 USC
154 which will provide for term adjustments due to USPTO delays. I
believe that patent adjustment information, printed on the face of a paten,
will be searchable in the next year or two, but don't see why anyone would
do a
text search for this data except for general historical (how many received a
term extension) purposes. If a patent is printed without correct
information on the face of the patent, a C of C will be generated to correct
this
information, but as stated above, it will not be part of the patent
text database.
We are planning to add term adjustment information to the
Patent Application Information Retrieval (PAIR) system. With this
system, you would still need to look at an individual record. The USPTO
does
not have any plans to compile lists of applications granted a term
adjustment under the new A7 154.
Karin Tyson
Senior Legal Advisor
Office of Patent Legal Administration
-----Original Message-----
From: Sara_K_Davis@sbphrd.com
<mailto:Sara_K_Davis@sbphrd.com> [SMTP:Sara_K_Davis@sbphrd.com]
<mailto:[SMTP:Sara_K_Davis@sbphrd.com]>20
Sent: Tuesday, April 18, 2000 11:31 AM
To: piug-l@derwent.tecc.co.uk
<mailto:piug-l@derwent.tecc.co.uk>20
Subject: Information on US Patent Term Extensions
As far as I can determine, no listings of term extensions of
US patents have been provided by the USPTO for some time. The last notice
of these in the US Official Gazette was almost a year ago. The listing of
extended patents on the USPTO web site was last updated in August, 1999.
How is information about patent term extensions being
provided to the public? Must we rely only on certificates of correction,
which are
far from ideal vehicles for disseminating this type of information?
Does anyone know anything about this? Considering that the
latest legislation is likely to result in even more term extensions, it
would
seem that this kind of information needs to be more readily available, not
less.
Sara Davis, SmithKline Beecham -US
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>From Karin.Tyson@uspto.gov Thu Jun 15 18:30:13 2000
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From: "Tyson, Karin" <Karin.Tyson@USPTO.GOV>
To: "'piug-l@derwent.tecc.co.uk'" <piug-l@derwent.tecc.co.uk>,
"'Sara_K_Davis@sbphrd.com '" <Sara_K_Davis@sbphrd.com>
Subject: RE: Information on US Patent Term Extensions
Date: Thu, 15 Jun 2000 13:30:11 -0400
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