(98) Patent Term Extension Information under 35 U.S.C. 154(b) and 37 C.F.R. 1.701 Printed on the Notice of Allowance and the Patent The Patent and Trademark Office has recently implemented a new system for automatically calculating and printing on the notice of allowance any Patent Term Extension (PTE) to which a patent is entitled under 35 U.S.C. 154(b) and 37 C.F.R. 1.701. PTE information will be printed on a notice of allowance in the box provided for and to the right of the first inventor's last name. If the PTE is less than five years, it will be printed in days, for example, "35 USC 154(b) term ext. = 365 days." Since the maximum PTE under 154(b) is five (5) years, if the PTE is equal to five (5) years, the system will simply print out "35 USC 154(b) term ext. = 5 years." The PTE information printed on the notice of allowance will also be used to print PTE information on the face of a patent in generally the position for the terminal disclaimer information. If an applicant disagrees with the PTE information printed on the notice of allowance, the applicant may request review by way of a petition under 37 C.F.R. 1.181. To avoid loss of patent term due to the time required to process and decide a 1.181 petition, the Office will ordinarily not postpone issuance of a patent while the petition is pending. If the petition is granted after the patent issues, a Certificate of Correction pursuant to 37 C.F.R. 1.322 will be issued. If an error is noted after the patent issues, the patent owner may seek correction of the PTE information printed on the face of a patent by filing a request for a Certificate of Correction pursuant to 1.322. Petitions and Certificates of Correction regarding PTE under 35 U.S.C. 154(b) should be addressed to "Box DAC, Assistant Commissioner for Patents, Washington, D.C. 20231" and will be decided in the Special Program Law Office. Inquiries regarding this matter should be directed to Karin Tyson or John F. Gonzales, Senior Legal Advisors, at (703) 305-9285. November 3, 1998 STEPHEN G. KUNIN Deputy Assistant Commissioner for Patent Policy and Projects [1217 OG 15]