Can multiple patents receive interim extensions based on a single regulatory review period?
Yes, multiple patents can receive interim extensions based on a single regulatory review period under certain circumstances. According to MPEP 2755.01:
“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 on extending more than one patent for the same regulatory review period applies only to the final certificate of extension, not to interim extensions. The MPEP explains:
“This language was added in 1993 by section 5 of Public Law 103-179, which was the same time when the interim extension provisions of 35 U.S.C. 156(d)(5) were added, so as to distinguish a final certificate of extension from interim extensions granted under either 35 U.S.C. 156(e)(2) or 35 U.S.C. 156(d)(5).”
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