When is a regulatory review period determination considered final?

A regulatory review period determination is not considered final until all due diligence petitions and informal hearings, if any, have been resolved. This is important because the USPTO cannot issue a certificate for extension of the term of a patent until the regulatory review period determination is final, unless an interim extension is warranted under specific circumstances.

MPEP 2757 clearly states: “The regulatory review period determination is not final until due diligence petitions and informal hearings, if any, have been resolved. A certificate for extension of the term of a patent may not issue from the Office until the regulatory review period determination is final unless an interim extension appears warranted under 35 U.S.C. 156(d)(5) and (e)(2).

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Topics: Adjustments, And Extensions, MPEP 2700 - Patent Terms, MPEP 2757 - Regulatory Agency Determination Of The Length Of The Regulatory Review Period, Patent Law, Patent Procedure
Tags: Due Diligence Petitions, Final Determination, patent term extension, Regulatory Review Period