When navigating the complexities of patent applications, individuals and organizations must sometimes submit a PTO/SB/62 form, formally known as the Terminal Disclaimer to Accompany Petition. Its main purpose is to disclaim the terminal portion of a patent term, which might be necessary for a variety of reasons, such as to overcome issues of obviousness-type double patenting. This form, approved for usage until December 31, 2007, falls under the auspices of the United States Patent and Trademark Office (USPTO) and the Department of Commerce. It ensures that the applicant, whether an individual owner or a representative of an organization, has the authority to disclaim part of a patent's term and that such disclaimer will be binding on any future owners or assignees of the patent. By filling out this document, signatories declare all provided information is true to their knowledge, a requirement taken seriously under United States law with consequences for willful misstatements. Additionally, this form touches on aspects of patent law codified in sections such as 35 U.S.C. 120, 121, or 365(c). This requirement not only streamlines the patent application process but also adheres to legal frameworks that protect the integrity of patent rights and the responsibilities of patent holders. It's a tool designed to manage patent lifespans effectively while ensuring compliance with regulatory standards, embodying a critical step for those seeking to navigate the nuanced landscape of patent management.
| Question | Answer |
|---|---|
| Form Name | Form Pto Sb 62 |
| Form Length | 2 pages |
| Fillable? | No |
| Fillable fields | 0 |
| Avg. time to fill out | 30 sec |
| Other names | 1974, 552a, USPTO, PTO |
PTO/SB/62
Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number.
TERMINAL DISCLAIMER TO ACCOMPANY PETITION
(Period Specified)
Docket Number (Optional)
In re Application of: |
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Name: |
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Application Number: |
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Filed: |
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For: |
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The owner*, |
of |
percent interest in the |
application hereby disclaims the terminal |
months of any patent granted on the |
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any application that contains a specific reference under 35 U.S.C. 120, 121, or 365(c) to this application. This disclaimer is binding upon the grantee, its successors or assigns.
Check either box 1 or 2 below, if appropriate.
1.
For submissions on behalf of an organization (e.g., corporation, partnership, university, government agency, etc.), the person signing is empowered to act on behalf of the organization.
I hereby declare that all statements made herein of my own knowledge are true and that all statements made on information and belief are believed to be true; and further, that these statements are made with knowledge that willful false statements and the like so made are punishable by fine or imprisonment, or both, under Section 1001, Title 18 of the United States Code, and that such willful false statements may jeopardize the validity of the application or any patent issuing thereon.
2.
The undersigned is an attorney of record. Registration Number
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Date |
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Typed or printed name |
Telephone Number |
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Terminal disclaimer fee under 37 CFR 1.20(d) included.
WARNING: Information on this form may become public. Credit card information should
not be included on this form. Provide credit card information and authorization on
*Certification under 37 CFR 3.73(b) is required if terminal disclaimer is signed by the assignee (owner). Form PTO/SB/96 may be used for making this certification. See MPEP § 324.
This collection of information is required by 37 CFR 1.137. The information is required to obtain or retain a benefit by the public which is to file (and by the USPTO to process) an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.11 and 1.14. This collection is estimated to take 12 minutes to complete, including gathering, preparing, and submitting the completed application form to the USPTO. Time will vary depending upon the individual case. Any comments on the amount of time you require to complete this form and/or suggestions for reducing this burden, should be sent to the Chief Information Officer, U.S. Patent and Trademark Office, U.S. Department of Commerce, P.O. Box 1450, Alexandria, VA
ADDRESS. SEND TO: Commissioner for Patents, P.O. Box 1450, Alexandria, VA
If you need assistance in completing the form, call
Privacy Act Statement
The Privacy Act of 1974 (P.L.
The information provided by you in this form will be subject to the following routine uses:
1.The information on this form will be treated confidentially to the extent allowed under the Freedom of Information Act (5 U.S.C. 552) and the Privacy Act (5 U.S.C 552a). Records from this system of records may be disclosed to the Department of Justice to determine whether disclosure of these records is required by the Freedom of Information Act.
2.A record from this system of records may be disclosed, as a routine use, in the course of presenting evidence to a court, magistrate, or administrative tribunal, including disclosures to opposing counsel in the course of settlement negotiations.
3.A record in this system of records may be disclosed, as a routine use, to a Member of Congress submitting a request involving an individual, to whom the record pertains, when the individual has requested assistance from the Member with respect to the subject matter of the record.
4.A record in this system of records may be disclosed, as a routine use, to a contractor of the Agency having need for the information in order to perform a contract. Recipients of information shall be required to comply with the requirements of the Privacy Act of 1974, as amended, pursuant to 5 U.S.C. 552a(m).
5.A record related to an International Application filed under the Patent Cooperation Treaty in this system of records may be disclosed, as a routine use, to the International Bureau of the World Intellectual Property Organization, pursuant to the Patent Cooperation Treaty.
6.A record in this system of records may be disclosed, as a routine use, to another federal agency for purposes of National Security review (35 U.S.C. 181) and for review pursuant to the Atomic Energy Act (42 U.S.C. 218(c)).
7.A record from this system of records may be disclosed, as a routine use, to the Administrator, General Services, or his/her designee, during an inspection of records conducted by GSA as part of that agency’s responsibility to recommend improvements in records management practices and programs, under authority of 44 U.S.C. 2904 and 2906. Such disclosure shall be made in accordance with the GSA regulations governing inspection of records for this purpose, and any other relevant (I.E., GSA or Commerce) directive. Such disclosure shall not be used to make determinations about individuals.
8.A record from this system of records may be disclosed, as a routine use, to the public after either publication of the application pursuant to 35 U.S.C. 122(b) or issuance of a patent pursuant to 35 U.S.C. 151. Further, a record may be disclosed, subject to the limitations of 37 CFR 1.14, as a routine use, to the public if the record was filed in an application which became abandoned or in which the proceedings were terminated and which application is referenced by either a published application, an application open to public inspection or an issued patent.
9.A record from this system of records may be disclosed, as a routine use, to a Federal, State, or local law enforcement agency, if the USPTO becomes aware of a violation or potential violation of law or regulation.