Can the 60-day filing period for patent term extension applications be extended or waived?
No, the 60-day filing period for patent term extension applications cannot be extended or waived. The MPEP 2754.01 is very clear on this point:
“The statutory time period is not extendable and cannot be waived or excused.”
This strict adherence to the 60-day filing period is exemplified by a case cited in the MPEP:
“See U.S. Patent No. 4,486,425 (application for patent term extension filed after the end of the 60-day period and was therefore denied).”
It’s crucial for patent holders and their representatives to be aware of this strict deadline and ensure timely filing of patent term extension applications to avoid denial based on late submission.
To learn more:
Topics:
Adjustments,
And Extensions,
MPEP 2700 - Patent Terms,
MPEP 2754.01 - Deadline For Filing An Application Under 35 U.S.C. 156(D)(1),
Patent Law,
Patent Procedure