When does an interim extension granted under 35 U.S.C. 156(d)(5) terminate?
An interim extension granted under 35 U.S.C. 156(d)(5) has a specific termination timeline. According to MPEP 2754.02:
“An interim extension granted under 35 U.S.C. 156(d)(5) terminates sixty days after permission for commercial marketing or use of the product is granted, except, if within the sixty-day period any additional information needed for an application for patent term extension under 35 U.S.C. 156(d)(1) is submitted, the patent may be further extended.”
This means that once commercial marketing or use is approved, the patent holder has a 60-day window to either let the interim extension lapse or submit additional information to potentially extend the patent further.
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