What types of patents are eligible for patent term extension?
Patents eligible for extension under 35 U.S.C. 156 include those that:
- Claim a product as defined in 35 U.S.C. 156(f)(1)
- Claim a method of using such a product
- Claim a method of manufacturing such a product
The product must be one of the following:
- A human drug product
- A medical device
- A food additive
- A color additive
- An animal drug
- A veterinary biological product
Additionally, the patent must meet all other conditions and requirements specified in the statute.
To learn more:
Topics:
Adjustments,
And Extensions,
MPEP 2700 - Patent Terms,
MPEP 2751 - Eligibility Requirements,
Patent Law,
Patent Procedure