How should material information be submitted in patent term extension proceedings?
Material information in patent term extension proceedings should be submitted promptly and directly to the appropriate authority. According to MPEP 2762:
“Any such material information should be submitted to the Director of the United States Patent and Trademark Office, the Secretary of Health and Human Services, or the Secretary of Agriculture, as appropriate, accompanied by a copy of each written document being disclosed. The information may be submitted through a registered practitioner.”
It’s crucial to submit the information as soon as practicable after becoming aware of it, along with copies of any relevant written documents. The submission can be made through a registered patent practitioner.
To learn more:
Topics:
Adjustments,
And Extensions,
MPEP 2700 - Patent Terms,
MPEP 2762 - Duty Of Disclosure In Patent Term Extension Proceedings,
Patent Law,
Patent Procedure