What is the filing window for a first application for interim extension under 35 U.S.C. 156(d)(5)?
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What is the filing window for a first application for interim extension under 35 U.S.C. 156(d)(5)?
The filing window for a first application for interim extension under 35 U.S.C. 156(d)(5) is specified in the MPEP. According to MPEP 2754.02:
“A first application for interim extension under 35 U.S.C. 156(d)(5) (to extend the patent term before product approval) must be filed within the period beginning six months and ending fifteen days before the patent is due to expire.”
This means that patent holders have a specific window of time to file their first application for interim extension, which starts 6 months before the patent’s expiration date and ends 15 days before that date.
To learn more:
Topics:
Adjustments,
And Extensions,
MPEP 2700 - Patent Terms,
MPEP 2754.02 - Filing Window For An Application Under 35 U.S.C. 156(D)(5),
Patent Law,
Patent Procedure