Can a Certificate of Extension be issued if the patent term cannot be extended?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 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. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Certificate of Patent Term Extension Issued to Owner MPEP 2759 Certificate of Patent Term Extension Required MPEP 2759 No Extension Certificate If Term Cannot Be Extended MPEP 2759 Prohibited Certificate of Patent Term Extension Added to Record MPEP 2759 Notification Required for Patent Term Extension MPEP 2759 No Certificate If Term Cannot Be Extended MPEP 2758 Prohibited No Extension Certificate When Term Cannot Be Extended MPEP 2759 Image of Certificate of Extension Required in File Wrapper MPEP 2759 Notice of Final Determination for Patent Term Extension MPEP 2758 Permitted Director Will Issue Certificate of Extension After Reconsideration Period MPEP 2758 Other Related FAQs 5 FAQs Collapse What is a Certificate of Extension of Patent Term? How is a Certificate of Extension of Patent Term issued? What happens to the patent file after a Certificate of Extension is issued? How is the public notified about patent term extensions? How does submitting a supplemental reply affect patent term adjustment?