What constitutes a “complete application” for patent term extension?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

A “complete application” for patent term extension is defined in 37 CFR 1.741(a) and must meet the requirements set forth in 35 U.S.C. 156(d)(1). The MPEP states:

“The Office will consider each of these statutory requirements to be satisfied in an application which provides sufficient information, directed to each requirement, to act on the application, even though further information may be desired by the USPTO or the regulatory agency before a final determination of eligibility and length of patent term extension is made.”

This means that while the application should address all statutory requirements, it may be considered complete even if additional information is needed later in the process.