What is a petition for stay in processing of a patent term extension application?
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.
A petition for stay in processing of a patent term extension application is a request made by a patent owner to temporarily halt the processing of their patent term extension application. This is typically done when there are unresolved issues relating to the patent, such as involvement in an interference, an appeal of a trial decision by the Patent Trial and Appeal Board, or the filing of a reissue application.
According to MPEP 2765, “A stay of processing of an application for patent term extension shall be by way of a petition under 37 CFR 1.182.” The petition can only be granted for a period of up to six months.