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

The filing date for a patent term extension application is determined according to 37 CFR 1.741(a). Specifically, “the filing date of an application for patent term extension is the date on which a complete application is received in the USPTO or filed pursuant to the certificate of mailing provisions of 37 CFR 1.8 or the Priority Mail Express ® provisions of 37 CFR 1.10.”

It’s important to note that the application must be complete as defined by 35 U.S.C. 156(d)(1) to establish the filing date.

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Topics: Adjustments, And Extensions, MPEP 2700 - Patent Terms, MPEP 2754 - Filing Date, Patent Law, Patent Procedure
Tags: Complete Application, Filing Date, patent term extension, USPTO