Can a Certificate of Extension be issued if the patent term cannot be extended?
No, a Certificate of Extension cannot be issued if the patent term cannot be extended, even if the patent is otherwise eligible for extension. According to MPEP 2759, which cites 37 CFR 1.780: “No certificate of, or order granting, an extension will be issued if the term of the patent cannot be extended, even though the patent is otherwise determined to be eligible for extension. In such situations, the final determination made pursuant to § 1.750 will indicate that no certificate or order will issue.” This ensures that certificates are only issued for patents that can actually benefit from the extension.
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Topics:
Adjustments,
And Extensions,
MPEP 2700 - Patent Terms,
MPEP 2759 - Certificate Of Extension Of Patent Term,
Patent Law,
Patent Procedure