How does the patent term extension under 35 U.S.C. 154(b) relate to the extension under 35 U.S.C. 156?
The patent term extensions under 35 U.S.C. 154(b) and 35 U.S.C. 156 are separate and can be combined. According to MPEP 2720:
“The patent term extension that may be available under 35 U.S.C. 156 for premarket regulatory review is separate from and will be added to any extension that may be available under former and current 35 U.S.C. 154. See MPEP § 2750 et seq.”
This means that a patent could potentially receive extensions under both provisions. The extension under 35 U.S.C. 154(b) compensates for delays in patent issuance, while the extension under 35 U.S.C. 156 is related to regulatory review periods for certain products.
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1995,
2000,
Adjustments,
And Extensions,
And May 28,
MPEP 2700 - Patent Terms,
MPEP 2720 - Applications Filed Between June 8,
Patent Law,
Patent Procedure