Can multiple patents be extended for the same regulatory review period?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

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.”

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
Tags: Patent Eligibility, Pte Calculation