What is the deadline for filing a patent term extension application?

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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. The deadline for filing a patent term extension application is specified in 35 U.S.C. 156(d)(1) : “Except as provided in paragraph (5), such an application may only be submitted within the sixty-day period beginning on the date the product received permission under the provision of law under which the applicable regulatory review period occurred for commercial marketing or use, or in the case of a drug product described in subsection (i), within the sixty-day period beginning on the covered date (as defined in subsection (i)).” This means that generally, the application must be filed within 60 days of receiving marketing approval from the relevant regulatory agency. For certain drug products, the deadline is based on the “covered date” as defined in the statute. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Power of Attorney for Patent Term Extension MPEP 2752 Permitted Application for Patent Term Extension Must Be Submitted by Owner or Agent and Comply with §1.740 Requirements MPEP 2752 Required Application for Patent Term Extension Must Be Filed by Owner or Agent MPEP 2752 Required Limited Power of Attorney for Patent Term Extension Not Changing Existing Patent Powers MPEP 2752 Power of Attorney Required for Registered Practitioner MPEP 2752 Recommended Requirement for Agency Relationship During Regulatory Review MPEP 2752 Required Limited Power of Attorney Required for Patent Term Extension Application MPEP 2752 Registered Practitioner Acting as Representative MPEP 2752 Assignment Recordation Required for Assignee Filing MPEP 2752 Recommended Signature Requirement for Patent Owner MPEP 2752 Required Other Related FAQs 5 FAQs Collapse What is the &#8220;cove...