37 CFR § 1.730 — Applicant for extension of patent term; (MPEP Coverage Index) – BlueIron IP

This page consolidates MPEP guidance interpreting 37 CFR § 1.730, including 13 rules 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.

Summary

This section provides detailed guidelines on the requirements for submitting an application to extend a patent term, including signature obligations and submission procedures, ensuring compliance with U.S. law.

What this section covers

Defines that this section covers the requirements for an applicant submitting a request for an extension of patent term.

Key obligations

The application must be signed by either the patent owner or a registered practitioner.
If submitted by the patent owner, it must comply with specific signature requirements as outlined in § 3.73(b) of this chapter.
The application must include a declaration or oath as required by USC § 136, enforced through CFR § 1.730.

Practice notes

Ensure the signature is compliant with § 3.73(b) if submitted by the patent owner.
A registered practitioner can sign on behalf of the patent owner, but must be authorized to do so.

Application for Patent Term Extension Must Be Submitted by Owner or Agent and Comply with §1.740 RequirementsMPEP 2752Required
Signature Requirement for Patent OwnerMPEP 2752Required
Signature Requirement for Agent SubmissionsMPEP 2752Required
Agent Must Be Authorized to Act for Patent OwnerMPEP 2752Permitted
Authorization Required for Practitioner Signature on Patent ApplicationMPEP 2752Permitted
Application for Patent Term Extension Must Be Filed by Owner or AgentMPEP 2752Required
Assignment Recordation Required for Assignee FilingMPEP 2752Recommended
Power of Attorney Required for Registered PractitionerMPEP 2752Recommended
Power of Attorney for Patent Term ExtensionMPEP 2752Permitted
Limited Power of Attorney Required for Patent Term Extension ApplicationMPEP 2752
Limited Power of Attorney for Patent Term Extension Not Changing Existing Patent PowersMPEP 2752
Registered Practitioner Acting as RepresentativeMPEP 2752
Requirement for Agency Relationship During Regulatory ReviewMPEP 2752Required

Application for Patent Term Extension Must Be Submitted by Owner or Agent and Comply with §1.740 RequirementsMPEP 2752Required
Signature Requirement for Patent OwnerMPEP 2752Required
Signature Requirement for Agent SubmissionsMPEP 2752Required
Application for Patent Term Extension Must Be Filed by Owner or AgentMPEP 2752Required
Requirement for Agency Relationship During Regulatory ReviewMPEP 2752Required

MPEP Section	Rules
MPEP § 2752	Application for Patent Term Extension Must Be Submitted by Owner or Agent and Comply with §1.740 RequirementsMPEP 2752Required Signature Requirement for Patent OwnerMPEP 2752Required Signature Requirement for Agent SubmissionsMPEP 2752Required Agent Must Be Authorized to Act for Patent OwnerMPEP 2752Permitted Authorization Required for Practitioner Signature on Patent ApplicationMPEP 2752Permitted Application for Patent Term Extension Must Be Filed by Owner or AgentMPEP 2752Required Assignment Recordation Required for Assignee FilingMPEP 2752Recommended Power of Attorney Required for Registered PractitionerMPEP 2752Recommended Power of Attorney for Patent Term ExtensionMPEP 2752Permitted Limited Power of Attorney Required for Patent Term Extension ApplicationMPEP 2752 Limited Power of Attorney for Patent Term Extension Not Changing Existing Patent PowersMPEP 2752 Registered Practitioner Acting as RepresentativeMPEP 2752 Requirement for Agency Relationship During Regulatory ReviewMPEP 2752Required

MPEP Section

Rules

MPEP § 2752

Application for Patent Term Extension Must Be Submitted by Owner or Agent and Comply with §1.740 RequirementsMPEP 2752Required
Signature Requirement for Patent OwnerMPEP 2752Required
Signature Requirement for Agent SubmissionsMPEP 2752Required
Agent Must Be Authorized to Act for Patent OwnerMPEP 2752Permitted
Authorization Required for Practitioner Signature on Patent ApplicationMPEP 2752Permitted
Application for Patent Term Extension Must Be Filed by Owner or AgentMPEP 2752Required
Assignment Recordation Required for Assignee FilingMPEP 2752Recommended
Power of Attorney Required for Registered PractitionerMPEP 2752Recommended
Power of Attorney for Patent Term ExtensionMPEP 2752Permitted
Limited Power of Attorney Required for Patent Term Extension ApplicationMPEP 2752
Limited Power of Attorney for Patent Term Extension Not Changing Existing Patent PowersMPEP 2752
Registered Practitioner Acting as RepresentativeMPEP 2752
Requirement for Agency Relationship During Regulatory ReviewMPEP 2752Required

Related Provisions

Based on MPEP Last Modified: 10/30/2024 08:50:22

37 CFR § 1.730 — Applicant for extension of patent term; (MPEP Coverage Index) – BlueIron IP

37 CFR § 1.730 Applicant for extension of patent term;

Summary

Official MPEP § 1.730 — Applicant for extension of patent term;

1.730 Applicant for extension of patent term; signature requirements.

Verbatim in MPEP

Required Actions

Topics

MPEP Coverage

Related Provisions