What is a petition for stay in processing of a patent term extension application?
A petition for stay in processing of a patent term extension application is a request made by a patent owner to temporarily halt the processing of their patent term extension application. This is typically done when there are unresolved issues relating to the patent, such as involvement in an interference, an appeal of a trial decision by the Patent Trial and Appeal Board, or the filing of a reissue application.
According to MPEP 2765, “A stay of processing of an application for patent term extension shall be by way of a petition under 37 CFR 1.182.” The petition can only be granted for a period of up to six months.
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Topics:
Adjustments,
And Extensions,
MPEP 2700 - Patent Terms,
MPEP 2765 - Petition For Stay In Processing Of Patent Term Extension Application,
Patent Law,
Patent Procedure