37 CFR § 1.741 — Complete application given a filing date; (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.741 Complete application given a filing date;
This page consolidates MPEP guidance interpreting 37 CFR § 1.741, including 15 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
The filing date of an application for extension of a patent term is the date on which a complete application, meeting all statutory requirements, is received in the Office via the USPTO electronic system.
What this section covers
- Define what constitutes a complete application for an extension of patent term.
Key obligations
- State that a complete application must be received via the USPTO patent electronic filing system or filed in accordance with regulations.
- State that the filing date is critical for determining eligibility and timing of patent term extension requests.
Practice notes
- Advise practitioners to ensure all required documents and information are included in the application for a complete filing.
- Warn against common mistakes such as missing signatures or incomplete disclosures that could invalidate the filing date.
Official MPEP § 1.741 — Complete application given a filing date;
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.741 Complete application given a filing date; petition procedure.
- (a) The filing date of an application for extension
of a patent term is the date on which a complete application is
received in the Office via the USPTO patent electronic filing
system or filed pursuant to the procedure set forth in
§
1.8(a)(1)(i)(C)
and
(a)(1)(ii)
. A complete application must
include:
- (1) An identification of the approved product;
- (2) An identification of each Federal statute under which regulatory review occurred;
- (3) An identification of the patent for which an extension is being sought;
- (4) An identification of each claim of the patent which claims the approved product or a method of using or manufacturing the approved product;
- (5) Sufficient information to enable the Director to determine under subsections (a) and (b) of 35 U.S.C. 156 the eligibility of a patent for extension, and the rights that will be derived from the extension, and information to enable the Director and the Secretary of Health and Human Services or the Secretary of Agriculture to determine the length of the regulatory review period; and
- (6) A brief description of the activities undertaken by the marketing applicant during the applicable regulatory review period with respect to the approved product and the significant dates applicable to such activities.
- (b) If an application for extension of patent term is incomplete under this section, the Office will so notify the applicant. If applicant requests review of a notice that an application is incomplete, or review of the filing date accorded an application under this section, applicant must file a petition pursuant to this paragraph accompanied by the fee set forth in § 1.17(f) within two months of the mail date of the notice that the application is incomplete, or the notice according the filing date complained of. Unless the notice indicates otherwise, this time period may be extended under the provisions of § 1.136 .
[Added 52 FR 9396, Mar. 24, 1987, effective May 26, 1987; para. (a) amended, 54 FR 30375, July 20, 1989, effective Aug. 22, 1989; para. (a) amended, 58 FR 54494, Oct. 22, 1993, effective Nov. 22, 1993; para. (a) correcting amendment, 61 FR 64027, Dec. 3, 1996; heading, introductory text of paragraph (a), and paras. (a)(5) and (b) revised, 65 FR 54604, Sept. 8, 2000, effective Nov. 7, 2000; para. (a)(5) revised, 68 FR 14332, Mar. 25, 2003, effective May 1, 2003; para. (b) revised, 69 FR 56481, Sept. 21, 2004, effective Nov. 22, 2004; para. (a) revised, 88 FR 13028, Mar. 2, 2023, effective May 1, 2023]
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| MPEP Section | Rules |
|---|---|
| MPEP § 2753 | |
| MPEP § 2754 | |
| MPEP § 2755.01 |