How does the USPTO make a preliminary eligibility decision for patent term extension?

The USPTO makes a preliminary eligibility decision for patent term extension through the following process:

1. The USPTO sends an initial letter to the relevant regulatory agency requesting information on eligibility.
2. Upon receiving a reply from the regulatory agency, the USPTO reviews the information provided.
3. The USPTO compares the regulatory agency’s information with the details in the patent term extension application.
4. If no major discrepancies are found and the patent appears eligible, a preliminary decision is made.

The MPEP states: “Upon receipt of a reply from the regulatory agency to the first letter from the Office requesting assistance on determining eligibility, a preliminary eligibility decision (not the final decision) is made as to whether the patent is eligible for an extension of its term.”

It’s important to note that this is not the final decision, but rather a preliminary assessment based on the information available at that stage.

To learn more:

• USPTO
• preliminary eligibility decision
• patent term extension
• regulatory agency