What are the reasons for filing a petition for stay in a patent term extension application?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30

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.

Patent owners may file a petition for stay in a patent term extension application when there are unresolved issues relating to the patent that need to be addressed before the extension can be granted. MPEP 2765 states:

“Such issues could include, but are not limited to, involvement in an interference, an appeal of a trial decision by the Patent Trial and Appeal Board, or the filing of a reissue application.”

These situations may require resolution before the Office can issue a Notice of Final Determination and grant a certificate of extension. Filing a petition for stay allows the patent owner to address these issues without losing the opportunity for patent term extension.

Topics: Adjustments And Extensions MPEP 2700 - Patent Terms MPEP 2765 - Petition For Stay In Processing Of Patent Term Extension Application Patent Law Patent Procedure
Tags: interference, patent term extension, Petition For Stay, ptab appeal, reissue application, Unresolved Patent Issues