What information must be included in a patent term extension application?

According to 35 U.S.C. 156(d)(1), a patent term extension application must contain the following information:

  • The identity of the approved product and the Federal statute under which regulatory review occurred
  • The identity of the patent for which an extension is being sought and the relevant claims
  • Information to determine eligibility for extension and the rights derived from it
  • A brief description of activities undertaken during the regulatory review period
  • Such patent or other information as the Director may require

These requirements ensure that the USPTO has all necessary information to evaluate the extension request and determine the appropriate length of the extension.

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Topics: Adjustments, And Extensions, MPEP 2700 - Patent Terms, MPEP 2752 - Patent Term Extension Applicant, Patent Law, Patent Procedure
Tags: Application Requirements, patent claims, patent term extension, Regulatory Review