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

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.

To learn more:

• patent term extension
• petition for stay
• unresolved patent issues
• interference
• PTAB appeal
• reissue application