MPEP § 2755 — Eligibility Determination (Annotated Rules)

§2755 Eligibility Determination

USPTO MPEP version: BlueIron's Update: 2025-12-31

This page consolidates and annotates all enforceable requirements under MPEP § 2755, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.

Eligibility Determination

This section addresses Eligibility Determination. Primary authority: 37 CFR 1.740, 37 CFR 1.790, and 37 CFR 1.136. Contains: 4 requirements, 9 permissions, and 2 other statements.

Key Rules

Topic

PTE Determination Procedure

13 rules
StatutoryRequiredAlways
[mpep-2755-89bac1c72ded92d0d99d9a52]
Determination of Eligibility for PTE Extension
Note:
The determination as to whether a patent is eligible for an extension may be made solely from the representations in the application, but further information or inquiry may be required before a final decision is made.

The determination as to whether a patent is eligible for an extension may be made solely from the representations contained in the application for patent term extension. However, under 37 CFR 1.750, further information may be required or inquiry made of applicant before a final determination is made on whether a patent is eligible for extension. In circumstances where further information is required by the Office, the applicant will be given a time period within which to respond. The failure to provide a response within the time period provided may result in a final determination adverse to the granting of an extension of patent term unless the response period is extended. An extension of time to respond may be requested under the provisions of 37 CFR 1.136. The USPTO patent electronic filing system includes the document description “Response to request for information sent under 37 CFR 1.750” (document code TERM.INF.RES) which is to be used for responses to requests for information under 37 CFR 1.750. Under appropriate circumstances, e.g., if time is of the essence for a particular reason, a request for information may contain a statement that the provisions of 37 CFR 1.136(a) are not available. The intentional failure to provide the information requested may result in an adverse final determination.

Jump to MPEP Source · 37 CFR 1.750PTE Determination ProcedurePTE Eligibility RequirementsPatent Term Extension
StatutoryRequiredAlways
[mpep-2755-3aa751bbe4f2132062d3f864]
Time to Respond Required When Further Information Needed
Note:
Applicants must provide a response within a given time period when the Office requires additional information for patent term extension eligibility, or face an adverse determination.

The determination as to whether a patent is eligible for an extension may be made solely from the representations contained in the application for patent term extension. However, under 37 CFR 1.750, further information may be required or inquiry made of applicant before a final determination is made on whether a patent is eligible for extension. In circumstances where further information is required by the Office, the applicant will be given a time period within which to respond. The failure to provide a response within the time period provided may result in a final determination adverse to the granting of an extension of patent term unless the response period is extended. An extension of time to respond may be requested under the provisions of 37 CFR 1.136. The USPTO patent electronic filing system includes the document description “Response to request for information sent under 37 CFR 1.750” (document code TERM.INF.RES) which is to be used for responses to requests for information under 37 CFR 1.750. Under appropriate circumstances, e.g., if time is of the essence for a particular reason, a request for information may contain a statement that the provisions of 37 CFR 1.136(a) are not available. The intentional failure to provide the information requested may result in an adverse final determination.

Jump to MPEP Source · 37 CFR 1.750PTE Determination ProcedurePTE Eligibility RequirementsPatent Term Extension
StatutoryPermittedAlways
[mpep-2755-0badd11812689335d1480a33]
Failure to Respond Adversely Affects PTE Eligibility
Note:
Failing to respond within the given time period may result in a determination adverse to an extension of patent term unless the response period is extended.

The determination as to whether a patent is eligible for an extension may be made solely from the representations contained in the application for patent term extension. However, under 37 CFR 1.750, further information may be required or inquiry made of applicant before a final determination is made on whether a patent is eligible for extension. In circumstances where further information is required by the Office, the applicant will be given a time period within which to respond. The failure to provide a response within the time period provided may result in a final determination adverse to the granting of an extension of patent term unless the response period is extended. An extension of time to respond may be requested under the provisions of 37 CFR 1.136. The USPTO patent electronic filing system includes the document description “Response to request for information sent under 37 CFR 1.750” (document code TERM.INF.RES) which is to be used for responses to requests for information under 37 CFR 1.750. Under appropriate circumstances, e.g., if time is of the essence for a particular reason, a request for information may contain a statement that the provisions of 37 CFR 1.136(a) are not available. The intentional failure to provide the information requested may result in an adverse final determination.

Jump to MPEP Source · 37 CFR 1.750PTE Determination ProcedurePatent TermPTE Eligibility Requirements
StatutoryPermittedAlways
[mpep-2755-02f27ceb34a930ddf3e6dcc9]
Request for Extension of Response Period Allowed
Note:
An extension to respond to a request for information can be requested under the provisions of 37 CFR 1.136.

The determination as to whether a patent is eligible for an extension may be made solely from the representations contained in the application for patent term extension. However, under 37 CFR 1.750, further information may be required or inquiry made of applicant before a final determination is made on whether a patent is eligible for extension. In circumstances where further information is required by the Office, the applicant will be given a time period within which to respond. The failure to provide a response within the time period provided may result in a final determination adverse to the granting of an extension of patent term unless the response period is extended. An extension of time to respond may be requested under the provisions of 37 CFR 1.136. The USPTO patent electronic filing system includes the document description “Response to request for information sent under 37 CFR 1.750” (document code TERM.INF.RES) which is to be used for responses to requests for information under 37 CFR 1.750. Under appropriate circumstances, e.g., if time is of the essence for a particular reason, a request for information may contain a statement that the provisions of 37 CFR 1.136(a) are not available. The intentional failure to provide the information requested may result in an adverse final determination.

Jump to MPEP Source · 37 CFR 1.750PTE Determination ProcedurePTE Eligibility RequirementsPatent Term Extension
StatutoryInformativeAlways
[mpep-2755-11d4fd5f9c0983b4b2178293]
Response to Request for Information Required Under 37 CFR 1.750
Note:
Respond to Office's request for information within the given time period or face potential adverse determination on patent term extension eligibility.

The determination as to whether a patent is eligible for an extension may be made solely from the representations contained in the application for patent term extension. However, under 37 CFR 1.750, further information may be required or inquiry made of applicant before a final determination is made on whether a patent is eligible for extension. In circumstances where further information is required by the Office, the applicant will be given a time period within which to respond. The failure to provide a response within the time period provided may result in a final determination adverse to the granting of an extension of patent term unless the response period is extended. An extension of time to respond may be requested under the provisions of 37 CFR 1.136. The USPTO patent electronic filing system includes the document description “Response to request for information sent under 37 CFR 1.750” (document code TERM.INF.RES) which is to be used for responses to requests for information under 37 CFR 1.750. Under appropriate circumstances, e.g., if time is of the essence for a particular reason, a request for information may contain a statement that the provisions of 37 CFR 1.136(a) are not available. The intentional failure to provide the information requested may result in an adverse final determination.

Jump to MPEP Source · 37 CFR 1.750PTE Determination ProcedurePTE Eligibility RequirementsPatent Term Extension
StatutoryPermittedAlways
[mpep-2755-8b003af9a10bab2c65bffb47]
Request for Information Not Subject to Extension Time
Note:
Under certain circumstances, a request for information may not allow for the extension of time as per 37 CFR 1.136(a) if time is critical.

The determination as to whether a patent is eligible for an extension may be made solely from the representations contained in the application for patent term extension. However, under 37 CFR 1.750, further information may be required or inquiry made of applicant before a final determination is made on whether a patent is eligible for extension. In circumstances where further information is required by the Office, the applicant will be given a time period within which to respond. The failure to provide a response within the time period provided may result in a final determination adverse to the granting of an extension of patent term unless the response period is extended. An extension of time to respond may be requested under the provisions of 37 CFR 1.136. The USPTO patent electronic filing system includes the document description “Response to request for information sent under 37 CFR 1.750” (document code TERM.INF.RES) which is to be used for responses to requests for information under 37 CFR 1.750. Under appropriate circumstances, e.g., if time is of the essence for a particular reason, a request for information may contain a statement that the provisions of 37 CFR 1.136(a) are not available. The intentional failure to provide the information requested may result in an adverse final determination.

Jump to MPEP Source · 37 CFR 1.750PTE Determination ProcedurePTE Eligibility RequirementsPatent Term Extension
StatutoryPermittedAlways
[mpep-2755-446d5db4a10d97326db9c631]
Failure to Provide Requested Information May Result in Adverse Determination
Note:
Applicants must respond to requests for information within the given time period; failure may lead to an unfavorable patent term extension determination.

The determination as to whether a patent is eligible for an extension may be made solely from the representations contained in the application for patent term extension. However, under 37 CFR 1.750, further information may be required or inquiry made of applicant before a final determination is made on whether a patent is eligible for extension. In circumstances where further information is required by the Office, the applicant will be given a time period within which to respond. The failure to provide a response within the time period provided may result in a final determination adverse to the granting of an extension of patent term unless the response period is extended. An extension of time to respond may be requested under the provisions of 37 CFR 1.136. The USPTO patent electronic filing system includes the document description “Response to request for information sent under 37 CFR 1.750” (document code TERM.INF.RES) which is to be used for responses to requests for information under 37 CFR 1.750. Under appropriate circumstances, e.g., if time is of the essence for a particular reason, a request for information may contain a statement that the provisions of 37 CFR 1.136(a) are not available. The intentional failure to provide the information requested may result in an adverse final determination.

Jump to MPEP Source · 37 CFR 1.750PTE Determination ProcedurePTE Eligibility RequirementsPatent Term Extension
StatutoryPermittedAlways
[mpep-2755-f1c42cce78820b5481dedcc0]
Final Determination After Application Filing
Note:
A final determination can be made at any time after an application is filed, allowing for reconsideration within one month or as set in the final determination.

A final determination may be made at any time after an application is filed. A single request for reconsideration of a final determination may be filed within one month or within such other time period set in the final determination. This period of time may be extended under the provisions of 37 CFR 1.136(a). A notice will be mailed to applicant containing the determination as to eligibility of the patent for extension and the period of time of the extension of the term, if any. This notice shall constitute the final determination as to eligibility and any period of extension of the patent term. If no request for reconsideration is filed within the time period set in the notice of final determination, the certificate of patent term extension will be issued in due course. See MPEP § 2758.

Jump to MPEP Source · 37 CFR 1.136(a)PTE Determination ProcedurePatent Term ExtensionPatent Term
StatutoryPermittedAlways
[mpep-2755-e8e9446e0223abe96a539b13]
Request for Reconsideration of Final Determination Must Be Filed Within One Month
Note:
A single request to reconsider a final patent term extension determination must be filed within one month or any other time period specified in the final determination.

A final determination may be made at any time after an application is filed. A single request for reconsideration of a final determination may be filed within one month or within such other time period set in the final determination. This period of time may be extended under the provisions of 37 CFR 1.136(a). A notice will be mailed to applicant containing the determination as to eligibility of the patent for extension and the period of time of the extension of the term, if any. This notice shall constitute the final determination as to eligibility and any period of extension of the patent term. If no request for reconsideration is filed within the time period set in the notice of final determination, the certificate of patent term extension will be issued in due course. See MPEP § 2758.

Jump to MPEP Source · 37 CFR 1.136(a)PTE Determination ProcedurePatent Term ExtensionPatent Term
StatutoryPermittedAlways
[mpep-2755-f228a0f9e9d9a5609ed6aff0]
Request for Extension Allowed Within One Month
Note:
A request for extension of patent term may be filed within one month after a final determination, with an option to extend the period under 37 CFR 1.136(a).

A final determination may be made at any time after an application is filed. A single request for reconsideration of a final determination may be filed within one month or within such other time period set in the final determination. This period of time may be extended under the provisions of 37 CFR 1.136(a). A notice will be mailed to applicant containing the determination as to eligibility of the patent for extension and the period of time of the extension of the term, if any. This notice shall constitute the final determination as to eligibility and any period of extension of the patent term. If no request for reconsideration is filed within the time period set in the notice of final determination, the certificate of patent term extension will be issued in due course. See MPEP § 2758.

Jump to MPEP Source · 37 CFR 1.136(a)PTE Determination ProcedurePatent Term ExtensionPatent Term
StatutoryInformativeAlways
[mpep-2755-306bd601c5f74f632103dc71]
Notification of Patent Term Extension Eligibility
Note:
The patent office will mail a notice to the applicant stating whether the patent is eligible for extension and, if so, the term extension period.

A final determination may be made at any time after an application is filed. A single request for reconsideration of a final determination may be filed within one month or within such other time period set in the final determination. This period of time may be extended under the provisions of 37 CFR 1.136(a). A notice will be mailed to applicant containing the determination as to eligibility of the patent for extension and the period of time of the extension of the term, if any. This notice shall constitute the final determination as to eligibility and any period of extension of the patent term. If no request for reconsideration is filed within the time period set in the notice of final determination, the certificate of patent term extension will be issued in due course. See MPEP § 2758.

Jump to MPEP Source · 37 CFR 1.136(a)PTE Determination ProcedurePatent Term ExtensionPatent Term
StatutoryRequiredAlways
[mpep-2755-bc7221b2e6bb92a7f925c7b7]
Final PTE Eligibility Determination
Note:
This notice finalizes the determination of patent term extension eligibility and any extension period.

A final determination may be made at any time after an application is filed. A single request for reconsideration of a final determination may be filed within one month or within such other time period set in the final determination. This period of time may be extended under the provisions of 37 CFR 1.136(a). A notice will be mailed to applicant containing the determination as to eligibility of the patent for extension and the period of time of the extension of the term, if any. This notice shall constitute the final determination as to eligibility and any period of extension of the patent term. If no request for reconsideration is filed within the time period set in the notice of final determination, the certificate of patent term extension will be issued in due course. See MPEP § 2758.

Jump to MPEP Source · 37 CFR 1.136(a)PTE Determination ProcedurePatent TermPatent Term Extension
StatutoryInformativeAlways
[mpep-2755-cab554bf11ab1cd2dc74e726]
No Reconsideration Request Means PTE Certificate Issued
Note:
If no request for reconsideration is filed within the set time period, a patent term extension certificate will be issued.

A final determination may be made at any time after an application is filed. A single request for reconsideration of a final determination may be filed within one month or within such other time period set in the final determination. This period of time may be extended under the provisions of 37 CFR 1.136(a). A notice will be mailed to applicant containing the determination as to eligibility of the patent for extension and the period of time of the extension of the term, if any. This notice shall constitute the final determination as to eligibility and any period of extension of the patent term. If no request for reconsideration is filed within the time period set in the notice of final determination, the certificate of patent term extension will be issued in due course. See MPEP § 2758.

Jump to MPEP Source · 37 CFR 1.136(a)PTE Determination ProcedurePatent Term ExtensionPatent Term
Topic

Patent Eligibility

7 rules
StatutoryPermittedAlways
[mpep-2755-30873d0a6a531cdb87f32624]
Director Determines Patent Extension Eligibility Based on Application Representations
Note:
The Director can determine if a patent is eligible for extension based solely on the representations in the application filed according to §1.740 or §1.790.

A determination as to whether a patent is eligible for extension may be made by the Director solely on the basis of the representations contained in the application for extension filed in compliance with § 1.740 or § 1.790. This determination may be delegated to appropriate Patent and Trademark Office officials and may be made at any time before the certificate of extension is issued. The Director or other appropriate officials may require from applicant further information or make such independent inquiries as desired before a final determination is made on whether a patent is eligible for extension. In an application for extension filed in compliance with § 1.740, a notice will be mailed to applicant containing the determination as to the eligibility of the patent for extension and the period of time of the extension, if any. This notice shall constitute the final determination as to the eligibility and any period of extension of the patent. A single request for reconsideration of a final determination may be made if filed by the applicant within such time as may be set in the notice of final determination or, if no time is set, within one month from the date of the final determination. The time periods set forth herein are subject to the provisions of § 1.136.

Jump to MPEP Source · 37 CFR 1.740Patent EligibilityPatent Term BasicsPatent Term
StatutoryPermittedAlways
[mpep-2755-b4db408b221a2e96688a0cc3]
Determination for Patent Extension Eligibility Can Be Delegated
Note:
Patent extension eligibility can be determined by appropriate officials at any time before the certificate of extension is issued.

A determination as to whether a patent is eligible for extension may be made by the Director solely on the basis of the representations contained in the application for extension filed in compliance with § 1.740 or § 1.790. This determination may be delegated to appropriate Patent and Trademark Office officials and may be made at any time before the certificate of extension is issued. The Director or other appropriate officials may require from applicant further information or make such independent inquiries as desired before a final determination is made on whether a patent is eligible for extension. In an application for extension filed in compliance with § 1.740, a notice will be mailed to applicant containing the determination as to the eligibility of the patent for extension and the period of time of the extension, if any. This notice shall constitute the final determination as to the eligibility and any period of extension of the patent. A single request for reconsideration of a final determination may be made if filed by the applicant within such time as may be set in the notice of final determination or, if no time is set, within one month from the date of the final determination. The time periods set forth herein are subject to the provisions of § 1.136.

Jump to MPEP Source · 37 CFR 1.740Patent EligibilityPatent Term BasicsPatent Term
StatutoryPermittedAlways
[mpep-2755-df234765856e9255dd381308]
Director Can Request Additional Info Before Patent Extension Determination
Note:
The Director may ask for more information from the applicant before deciding if a patent is eligible for extension.

A determination as to whether a patent is eligible for extension may be made by the Director solely on the basis of the representations contained in the application for extension filed in compliance with § 1.740 or § 1.790. This determination may be delegated to appropriate Patent and Trademark Office officials and may be made at any time before the certificate of extension is issued. The Director or other appropriate officials may require from applicant further information or make such independent inquiries as desired before a final determination is made on whether a patent is eligible for extension. In an application for extension filed in compliance with § 1.740, a notice will be mailed to applicant containing the determination as to the eligibility of the patent for extension and the period of time of the extension, if any. This notice shall constitute the final determination as to the eligibility and any period of extension of the patent. A single request for reconsideration of a final determination may be made if filed by the applicant within such time as may be set in the notice of final determination or, if no time is set, within one month from the date of the final determination. The time periods set forth herein are subject to the provisions of § 1.136.

Jump to MPEP Source · 37 CFR 1.740Patent EligibilityPatent Term BasicsPatent Term
StatutoryInformativeAlways
[mpep-2755-bcde67272a41caffd7b7857b]
Notification of Patent Extension Determination
Note:
A notice containing the determination of a patent's eligibility for extension and the period of time of any extension will be mailed to the applicant after filing an application in compliance with §1.740.

A determination as to whether a patent is eligible for extension may be made by the Director solely on the basis of the representations contained in the application for extension filed in compliance with § 1.740 or § 1.790. This determination may be delegated to appropriate Patent and Trademark Office officials and may be made at any time before the certificate of extension is issued. The Director or other appropriate officials may require from applicant further information or make such independent inquiries as desired before a final determination is made on whether a patent is eligible for extension. In an application for extension filed in compliance with § 1.740, a notice will be mailed to applicant containing the determination as to the eligibility of the patent for extension and the period of time of the extension, if any. This notice shall constitute the final determination as to the eligibility and any period of extension of the patent. A single request for reconsideration of a final determination may be made if filed by the applicant within such time as may be set in the notice of final determination or, if no time is set, within one month from the date of the final determination. The time periods set forth herein are subject to the provisions of § 1.136.

Jump to MPEP Source · 37 CFR 1.740Patent EligibilityPatent Term BasicsPatent Term
StatutoryRequiredAlways
[mpep-2755-c96f923c6d0786998a7fd9ed]
Notice Constitutes Final Patent Extension Determination
Note:
This notice determines whether a patent is eligible for extension and sets the period of any extension, which becomes the final decision.

A determination as to whether a patent is eligible for extension may be made by the Director solely on the basis of the representations contained in the application for extension filed in compliance with § 1.740 or § 1.790. This determination may be delegated to appropriate Patent and Trademark Office officials and may be made at any time before the certificate of extension is issued. The Director or other appropriate officials may require from applicant further information or make such independent inquiries as desired before a final determination is made on whether a patent is eligible for extension. In an application for extension filed in compliance with § 1.740, a notice will be mailed to applicant containing the determination as to the eligibility of the patent for extension and the period of time of the extension, if any. This notice shall constitute the final determination as to the eligibility and any period of extension of the patent. A single request for reconsideration of a final determination may be made if filed by the applicant within such time as may be set in the notice of final determination or, if no time is set, within one month from the date of the final determination. The time periods set forth herein are subject to the provisions of § 1.136.

Jump to MPEP Source · 37 CFR 1.740Patent EligibilityPatent Term BasicsPatent Term
StatutoryPermittedAlways
[mpep-2755-db315e622a4fed0744e47258]
Request for Reconsideration of Final Determination on Patent Extension Eligibility
Note:
A single request to reconsider a final determination on patent extension eligibility must be filed by the applicant within the time set in the notice or, if not set, within one month from the date of the final determination.

A determination as to whether a patent is eligible for extension may be made by the Director solely on the basis of the representations contained in the application for extension filed in compliance with § 1.740 or § 1.790. This determination may be delegated to appropriate Patent and Trademark Office officials and may be made at any time before the certificate of extension is issued. The Director or other appropriate officials may require from applicant further information or make such independent inquiries as desired before a final determination is made on whether a patent is eligible for extension. In an application for extension filed in compliance with § 1.740, a notice will be mailed to applicant containing the determination as to the eligibility of the patent for extension and the period of time of the extension, if any. This notice shall constitute the final determination as to the eligibility and any period of extension of the patent. A single request for reconsideration of a final determination may be made if filed by the applicant within such time as may be set in the notice of final determination or, if no time is set, within one month from the date of the final determination. The time periods set forth herein are subject to the provisions of § 1.136.

Jump to MPEP Source · 37 CFR 1.740Patent EligibilityPatent Term BasicsPatent Term
StatutoryInformativeAlways
[mpep-2755-f3e5a536b16bb664e7928eb1]
Time Periods for Extension Determination
Note:
The time periods for determining patent extension eligibility are governed by §1.136.

A determination as to whether a patent is eligible for extension may be made by the Director solely on the basis of the representations contained in the application for extension filed in compliance with § 1.740 or § 1.790. This determination may be delegated to appropriate Patent and Trademark Office officials and may be made at any time before the certificate of extension is issued. The Director or other appropriate officials may require from applicant further information or make such independent inquiries as desired before a final determination is made on whether a patent is eligible for extension. In an application for extension filed in compliance with § 1.740, a notice will be mailed to applicant containing the determination as to the eligibility of the patent for extension and the period of time of the extension, if any. This notice shall constitute the final determination as to the eligibility and any period of extension of the patent. A single request for reconsideration of a final determination may be made if filed by the applicant within such time as may be set in the notice of final determination or, if no time is set, within one month from the date of the final determination. The time periods set forth herein are subject to the provisions of § 1.136.

Jump to MPEP Source · 37 CFR 1.740Patent EligibilityPatent Term BasicsPatent Term

Citations

Primary topicCitation
PTE Determination Procedure
Patent Eligibility
37 CFR § 1.136
PTE Determination Procedure37 CFR § 1.136(a)
Patent Eligibility37 CFR § 1.740
PTE Determination Procedure37 CFR § 1.750
Patent Eligibility37 CFR § 1.790
PTE Determination ProcedureMPEP § 2758

Source Text from USPTO’s MPEP

This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.

BlueIron Last Updated: 2025-12-31