What are the reasons for patent term extension under former 35 U.S.C. 154(b)?
Under former 35 U.S.C. 154(b), as referenced in MPEP 2720, there are three main reasons for patent term extension:
- Interference or derivation proceedings under 35 U.S.C. 135(a)
- The application being placed under a secrecy order under 35 U.S.C. 181
- Appellate review by the Patent Trial and Appeal Board or by a Federal court under 35 U.S.C. 141 or 145, if the patent was issued pursuant to a decision in the review reversing an adverse determination of patentability
These reasons are detailed in 37 CFR 1.701(a), which states: “A patent, other than for designs, issued on an application filed on or after June 8, 1995, is entitled to extension of the patent term if the issuance of the patent was delayed due to:” the aforementioned reasons.
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Topics:
1995,
2000,
Adjustments,
And Extensions,
And May 28,
MPEP 2700 - Patent Terms,
MPEP 2720 - Applications Filed Between June 8,
Patent Law,
Patent Procedure