What is the Notice of Final Determination in patent term extension?

The Notice of Final Determination is a document issued by the USPTO after reviewing the regulatory agency’s information and calculating the eligible length of patent term extension. According to MPEP 2758, this notice:

  • States the length of extension for which the application is eligible
  • Provides the calculations used to determine the extension length
  • Gives the applicant a period (usually one month) to request reconsideration
  • May include text similar to: “A determination has been made that U.S. Patent No. ___, which claims the human drug ___, is eligible for patent term extension under 35 U.S.C. 156. The period of extension has been determined to be ___.”

If the patent is found ineligible, a Determination of Ineligibility is issued instead, explaining the basis for dismissal.

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Topics: Adjustments, And Extensions, MPEP 2700 - Patent Terms, MPEP 2758 - Notice Of Final Determination - Calculation Of Patent Term Extension, Patent Law, Patent Procedure
Tags: Notice Of Final Determination, patent term extension, USPTO procedure