Can an applicant request reconsideration of a patent term extension determination?
Yes, an applicant can request reconsideration of a patent term extension determination. According to MPEP 2755:
“A single request for reconsideration of a final determination may be made if filed by the applicant within such time as may be set in the notice of final determination or, if no time is set, within one month from the date of the final determination.“
It’s important to note that only one request for reconsideration is allowed, and it must be filed within the specified time frame. The time periods for filing a reconsideration request are subject to the provisions of 37 CFR 1.136, which may allow for extensions of time in certain circumstances.
To learn more:
Topics:
Adjustments,
And Extensions,
MPEP 2700 - Patent Terms,
MPEP 2755 - Eligibility Determination,
Patent Law,
Patent Procedure