How does the patent term extension under 35 U.S.C. 154(b) relate to the extension under 35 U.S.C. 156?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 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 patent term extensions under 35 U.S.C. 154(b) and 35 U.S.C. 156 are separate and can be combined. According to MPEP 2720 : “ The patent term extension that may be available under 35 U.S.C. 156 for premarket regulatory review is separate from and will be added to any extension that may be available under former and current 35 U.S.C. 154. See MPEP § 2750 et seq.” This means that a patent could potentially receive extensions under both provisions. The extension under 35 U.S.C. 154(b) compensates for delays in patent issuance, while the extension under 35 U.S.C. 156 is related to regulatory review periods for certain products. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Patent Term Extension Separate from Adjustment MPEP 2720 Permitted Examiners Have No Role in Patent Term Extensions MPEP 2720 Extensions for Patent Applications Filed Between June 8, 1995, and May 28, 2000 MPEP 2720 Extension of Patent Term for Original Patents Filed Between June 8, 1995, and May 28, 2000 MPEP 2720 Permitted Patent Term Extension for Appellate Review Reversing Adverse Determination MPEP 2720 Prohibited Patent Term Extension Reduced for Appellate Review and Lack of Due Diligence MPEP 2720 Patent Term Extension Must Be Printed with Terminal Disclaimer MPEP 2720 Patent Term Extensions Must Be Printed on Face of Patent MPEP 2720 Extension of Patent Term for Examination Delays MPEP 2720 Prohibited Extension of Patent Term for Examination Delays MPEP 2720 Permitted Other Related FAQs 5 FAQs Collapse What should an applicant do if they disagree with the patent term extension information printed on the patent? What is the role of examiners in patent term extensions? What is the maxim...