What types of products are eligible for patent term extension?

According to MPEP 2750, the following types of products are eligible for patent term extension under 35 U.S.C. 156:

  • Human drugs
  • Food or color additives
  • Medical devices
  • Animal drugs
  • Veterinary biological products

It’s important to note that “Animal drug products which are primarily manufactured through biotechnology are excluded from the provisions of patent term extension.”

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Topics: Adjustments, And Extensions, MPEP 2700 - Patent Terms, MPEP 2750 - Patent Term Extension For Delays At Other Agencies Under 35 U.S.C. 156, Patent Law, Patent Procedure
Tags: Eligible Products, patent term extension, Premarket Approval, Regulatory Review