When should a request for interim extension be filed?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. According to 37 CFR 1.760 , as cited in MPEP 2755.01: “ Any such request should be filed at least three months prior to the expiration date of the patent. “ However, the MPEP clarifies that this time frame is not mandatory: “While 37 CFR 1.760 provides that a request for an interim extension by the applicant ‘should’ be filed three months prior to the expiration of the patent, this time frame is not mandatory. Any request filed within a shorter period of time will be considered, upon a proper showing, where it is not possible to make an earlier request.” It’s important to note that for an interim extension to be granted, the application for extension must have been filed prior to the expiration date of the patent. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Interim Extension of Patent Term Is Discretionary Up to One Year MPEP 2755.01 Request for Interim Patent Term Extension Before Expiration MPEP 2755.01 Recommended Interim Extension Before Patent Expiration MPEP 2755.01 Required Interim Extension Not Mandatory Within Three Months MPEP 2755.01 Recommended Request for Extension of Response Period Allowed MPEP 2755 Permitted Interim Extension Cannot Extend Patent Term Beyond Eligible Period MPEP 2755.01 Fee for Interim Patent Term Extension MPEP 2755.02 Notification of Patent Term Extension Eligibility MPEP 2755 Publication of Patent Eligibility for Extension Before Approval MPEP 2755.02 Required Request for Extension Allowed Within One Month MPEP 2755 Permitted Other Related FAQs 5 FAQs Collapse What happens if FDA approval is received during an interim extension? How long can an interim extension last? What is the deadline for filing an application for inte...