Can multiple patents be extended for the same regulatory review period?
No, only one patent can be extended for a single regulatory review period for any product. This is explicitly stated in 35 U.S.C. 156(c)(4): “in no event shall more than one patent be extended under subsection (e)(1) for the same regulatory review period for any product.”
The MPEP 2761 further clarifies: “Only one patent may be extended for a single regulatory review period for any product.”
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