Is there a limit to the number of interim extensions an applicant can receive?

Yes, there is a general limit to the number of interim extensions an applicant can receive under 35 U.S.C. 156(d)(5). According to MPEP 2754.02:

“An applicant is generally limited to four one-year interim extensions.”

This limitation means that patent holders typically have up to four years of interim extensions to obtain product approval before they may need to explore other options for maintaining their patent rights. However, it’s important to note that this is a general rule, and specific circumstances may affect the number of extensions granted.

To learn more:

• interim extension limit
• patent term
• 35 U.S.C. 156(d)(5)
• one-year extensions