What happens if a patent term extension application is incomplete?

If a patent term extension application does not meet all the formal requirements of 37 CFR 1.740(a), the applicant will be notified of the informalities. The applicant then has two options:

1. Seek to have the holding reviewed under 37 CFR 1.740(c)
2. Correct the informality

It’s important to note that “if the application satisfies the requirements of 37 CFR 1.741, the application filing date will have been established even if the application is held to be informal under 37 CFR 1.740.” This means that while there may be informalities, the critical filing date can still be secured if the application meets the basic requirements for completeness.

To learn more:

• incomplete application
• patent term extension
• informalities
• USPTO response