What should be included in a petition for stay of a patent term extension application?

When filing a petition for stay of a patent term extension application, the patent owner should provide detailed reasons why a stay is necessary. MPEP 2765 states:

“Therefore, the applicant seeking a stay in the processing of the extension application should provide detailed reasons why a stay is necessary.”

The petition should include:

• A clear explanation of the unresolved issues relating to the patent
• The expected timeline for resolving these issues
• How the stay will benefit the resolution process
• If applicable, a demonstration that justice requires the stay (particularly if the patent term will lapse during the stay)

It’s also advisable to reference relevant examples or precedents, such as those mentioned in MPEP 2765: “See, e.g., the petition for stay granted in U.S. Patent No. 8,829,165 and contrast with the petition for stay that was denied-in-part in U.S. Patent No. 5,196,404.”

To learn more:

• patent term extension
• petition for stay
• petition requirements
• detailed reasons