Are interim extensions allowed for multiple patents based on the same regulatory review period?
Yes, interim extensions under 35 U.S.C. 156(e)(2) are permitted for multiple patents based on the same regulatory review period, provided the patents expire on the same day. The MPEP 2761 states:
“In circumstances where extensions of multiple patents have been sought based on a single regulatory review period as per 37 CFR 1.785, where those patents expire on the same day, multiple interim extensions under 35 U.S.C. 156(e)(2) would be permitted.”
This is possible because the prohibition in 35 U.S.C. 156(c)(4) refers specifically to the final certificate of extension, not to interim extensions.
To learn more:
Topics:
Adjustments,
And Extensions,
MPEP 2700 - Patent Terms,
MPEP 2761 - Multiple Applications For Extension Of Term Of The Same Patent Or Of Different Patents For The Same Regulatory Review Period For A Product,
Patent Law,
Patent Procedure