MPEP § 2759 — Certificate of Extension of Patent Term (Annotated Rules)

§2759 Certificate of Extension of Patent Term

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

This page consolidates and annotates all enforceable requirements under MPEP § 2759, 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.

Certificate of Extension of Patent Term

This section addresses Certificate of Extension of Patent Term. Primary authority: 35 U.S.C. 156(d)(5), 35 U.S.C. 1.750, and 37 CFR 1.750. Contains: 1 prohibition and 4 other statements.

Key Rules

Topic

PTE Determination Procedure

4 rules
StatutoryInformativeAlways
[mpep-2759-999282e265ca61b73f91b0dc]
Certificate of Patent Term Extension Required
Note:
A certificate of extension must be issued if a patent is determined eligible for term extension under § 1.750.

If a determination is made pursuant to § 1.750 that a patent is eligible for extension and that the term of the patent is to be extended, a certificate of extension, under seal, or an order granting interim extension under 35 U.S.C. 156(d)(5), will be issued to the applicant for the extension of the patent term. Such certificate or order will be recorded in the official file of the patent and will be considered as part of the original patent. Notification of the issuance of the certificate or order of extension will be published in the Official Gazette of the United States Patent and Trademark Office. Notification of the issuance of the order granting an interim extension under 35 U.S.C. 156(d)(5), including the identity of the product currently under regulatory review, will be published in the Official Gazette of the United States Patent and Trademark Office and in the Federal Register. No certificate of, or order granting, an extension will be issued if the term of the patent cannot be extended, even though the patent is otherwise determined to be eligible for extension. In such situations, the final determination made pursuant to § 1.750 will indicate that no certificate or order will issue.

Jump to MPEP Source · 37 CFR 1.750PTE Determination ProcedurePTE Eligibility RequirementsPatent Term Extension
StatutoryInformativeAlways
[mpep-2759-b98ce4f3a29fa83969bdc42d]
Notification Required for Patent Term Extension
Note:
The issuance of a patent term extension certificate or order must be published in the Official Gazette of the USPTO.

If a determination is made pursuant to § 1.750 that a patent is eligible for extension and that the term of the patent is to be extended, a certificate of extension, under seal, or an order granting interim extension under 35 U.S.C. 156(d)(5), will be issued to the applicant for the extension of the patent term. Such certificate or order will be recorded in the official file of the patent and will be considered as part of the original patent. Notification of the issuance of the certificate or order of extension will be published in the Official Gazette of the United States Patent and Trademark Office. Notification of the issuance of the order granting an interim extension under 35 U.S.C. 156(d)(5), including the identity of the product currently under regulatory review, will be published in the Official Gazette of the United States Patent and Trademark Office and in the Federal Register. No certificate of, or order granting, an extension will be issued if the term of the patent cannot be extended, even though the patent is otherwise determined to be eligible for extension. In such situations, the final determination made pursuant to § 1.750 will indicate that no certificate or order will issue.

Jump to MPEP Source · 37 CFR 1.750PTE Determination ProcedurePTE Eligibility RequirementsPatent Term Extension
StatutoryProhibitedAlways
[mpep-2759-eeaf7527b3e5427ad3dba104]
No Extension Certificate If Term Cannot Be Extended
Note:
A certificate of extension will not be issued if the patent term cannot be extended, even if the patent is otherwise eligible for extension.

If a determination is made pursuant to § 1.750 that a patent is eligible for extension and that the term of the patent is to be extended, a certificate of extension, under seal, or an order granting interim extension under 35 U.S.C. 156(d)(5), will be issued to the applicant for the extension of the patent term. Such certificate or order will be recorded in the official file of the patent and will be considered as part of the original patent. Notification of the issuance of the certificate or order of extension will be published in the Official Gazette of the United States Patent and Trademark Office. Notification of the issuance of the order granting an interim extension under 35 U.S.C. 156(d)(5), including the identity of the product currently under regulatory review, will be published in the Official Gazette of the United States Patent and Trademark Office and in the Federal Register. No certificate of, or order granting, an extension will be issued if the term of the patent cannot be extended, even though the patent is otherwise determined to be eligible for extension. In such situations, the final determination made pursuant to § 1.750 will indicate that no certificate or order will issue.

Jump to MPEP Source · 37 CFR 1.750PTE Determination ProcedurePTE Eligibility RequirementsPatent Eligibility
StatutoryInformativeAlways
[mpep-2759-28d025be7b326b5fe1d8399a]
No Extension Certificate When Term Cannot Be Extended
Note:
When a patent's term cannot be extended despite eligibility, no extension certificate will be issued.

If a determination is made pursuant to § 1.750 that a patent is eligible for extension and that the term of the patent is to be extended, a certificate of extension, under seal, or an order granting interim extension under 35 U.S.C. 156(d)(5), will be issued to the applicant for the extension of the patent term. Such certificate or order will be recorded in the official file of the patent and will be considered as part of the original patent. Notification of the issuance of the certificate or order of extension will be published in the Official Gazette of the United States Patent and Trademark Office. Notification of the issuance of the order granting an interim extension under 35 U.S.C. 156(d)(5), including the identity of the product currently under regulatory review, will be published in the Official Gazette of the United States Patent and Trademark Office and in the Federal Register. No certificate of, or order granting, an extension will be issued if the term of the patent cannot be extended, even though the patent is otherwise determined to be eligible for extension. In such situations, the final determination made pursuant to § 1.750 will indicate that no certificate or order will issue.

Jump to MPEP Source · 37 CFR 1.750PTE Determination ProcedurePTE Eligibility RequirementsPatent Term Extension
Topic

Copies and Certified Documents

4 rules
StatutoryInformativeAlways
[mpep-2759-f6581e1c6b040bd6098ec772]
Certificate of Patent Term Extension Issued to Owner
Note:
A certificate of patent term extension, under seal, is issued to the patent owner once a determination is made that the patent is eligible for extension.

Once a determination is made pursuant to 37 CFR 1.750 that a patent is eligible for extension of its term, a certificate of extension, under seal, will be issued to the patent owner. Following the one-month period provided in the Notice of Final Determination, the certificate of extension is prepared and signed by the Director. Upon issuance of the certificate of extension, the file wrapper available in the USPTO patent electronic filing system will include an image of the certificate of extension. A courtesy copy of the certificate is sent to the regulatory agency.

Jump to MPEP Source · 37 CFR 1.750Copies and Certified DocumentsPatent EligibilityOrdering Certified Copies
StatutoryInformativeAlways
[mpep-2759-ee18552fa268c196c820601d]
Director Signs Certificate After One Month
Note:
The Director prepares and signs the certificate of extension following a one-month period after the Notice of Final Determination is issued.

Once a determination is made pursuant to 37 CFR 1.750 that a patent is eligible for extension of its term, a certificate of extension, under seal, will be issued to the patent owner. Following the one-month period provided in the Notice of Final Determination, the certificate of extension is prepared and signed by the Director. Upon issuance of the certificate of extension, the file wrapper available in the USPTO patent electronic filing system will include an image of the certificate of extension. A courtesy copy of the certificate is sent to the regulatory agency.

Jump to MPEP Source · 37 CFR 1.750Copies and Certified DocumentsOrdering Certified CopiesAccess to Patent Application Files (MPEP 101-106)
StatutoryInformativeAlways
[mpep-2759-c3e71949f942fe6d4153c46f]
Image of Certificate of Extension Required in File Wrapper
Note:
Upon issuance, the USPTO electronic filing system must include an image of the certificate of extension for eligible patents.

Once a determination is made pursuant to 37 CFR 1.750 that a patent is eligible for extension of its term, a certificate of extension, under seal, will be issued to the patent owner. Following the one-month period provided in the Notice of Final Determination, the certificate of extension is prepared and signed by the Director. Upon issuance of the certificate of extension, the file wrapper available in the USPTO patent electronic filing system will include an image of the certificate of extension. A courtesy copy of the certificate is sent to the regulatory agency.

Jump to MPEP Source · 37 CFR 1.750Copies and Certified DocumentsAccess to Patent Application Files (MPEP 101-106)Certified Copies of Documents
StatutoryInformativeAlways
[mpep-2759-f85f5a0f2a714d73200be800]
Certificate of Extension Must Be Sent to Regulatory Agency
Note:
A courtesy copy of the certificate of extension must be sent to the regulatory agency after issuance.

Once a determination is made pursuant to 37 CFR 1.750 that a patent is eligible for extension of its term, a certificate of extension, under seal, will be issued to the patent owner. Following the one-month period provided in the Notice of Final Determination, the certificate of extension is prepared and signed by the Director. Upon issuance of the certificate of extension, the file wrapper available in the USPTO patent electronic filing system will include an image of the certificate of extension. A courtesy copy of the certificate is sent to the regulatory agency.

Jump to MPEP Source · 37 CFR 1.750Copies and Certified DocumentsOrdering Certified CopiesAccess to Patent Application Files (MPEP 101-106)
Topic

Patent Term Extension

3 rules
StatutoryInformativeAlways
[mpep-2759-ff235dfda1f6eba181939b87]
Notification Required for Interim Extension of Patent Term
Note:
The issuance of an order granting an interim extension under 35 U.S.C. 156(d)(5) must be published in the Official Gazette and Federal Register, including the product identity.

If a determination is made pursuant to § 1.750 that a patent is eligible for extension and that the term of the patent is to be extended, a certificate of extension, under seal, or an order granting interim extension under 35 U.S.C. 156(d)(5), will be issued to the applicant for the extension of the patent term. Such certificate or order will be recorded in the official file of the patent and will be considered as part of the original patent. Notification of the issuance of the certificate or order of extension will be published in the Official Gazette of the United States Patent and Trademark Office. Notification of the issuance of the order granting an interim extension under 35 U.S.C. 156(d)(5), including the identity of the product currently under regulatory review, will be published in the Official Gazette of the United States Patent and Trademark Office and in the Federal Register. No certificate of, or order granting, an extension will be issued if the term of the patent cannot be extended, even though the patent is otherwise determined to be eligible for extension. In such situations, the final determination made pursuant to § 1.750 will indicate that no certificate or order will issue.

Jump to MPEP Source · 37 CFR 1.750Patent Term ExtensionPTE Determination ProcedurePTE Eligibility Requirements
StatutoryInformativeAlways
[mpep-2759-44052a0063f68f109a5c9bb8]
Original Papers from Extension Application Transferred to Patent File
Note:
All original papers from the application for patent term extension are transferred to the official patent file and become part of the permanent record.

All original papers from the application for patent term extension in the official file are transferred to the official patent file of the subject patent and become a part of the permanent record. A copy of the certificate of extension of patent term is added to the patent electronic database as part of the patent record in the same manner as is a certificate of correction or a terminal disclaimer. The patent is also added to the list of patents extended under 35 U.S.C. 156, a copy of which is posted on the USPTO website (www.uspto.gov) and updated as needed.

Jump to MPEP Source · 37 CFR 1.780Patent Term ExtensionPatent Term BasicsPatent Term
StatutoryInformativeAlways
[mpep-2759-b35b8508217bc12086992f2a]
Patent Added to Extension List Under 35 U.S.C. 156
Note:
The patent is added to the list of patents extended under 35 U.S.C. 156 and a copy of this information is posted on the USPTO website.

All original papers from the application for patent term extension in the official file are transferred to the official patent file of the subject patent and become a part of the permanent record. A copy of the certificate of extension of patent term is added to the patent electronic database as part of the patent record in the same manner as is a certificate of correction or a terminal disclaimer. The patent is also added to the list of patents extended under 35 U.S.C. 156, a copy of which is posted on the USPTO website (www.uspto.gov) and updated as needed.

Jump to MPEP Source · 37 CFR 1.780Patent Term ExtensionPatent Term BasicsPatent Term
Topic

Patent Term Basics

1 rules
StatutoryInformativeAlways
[mpep-2759-45940c6e14983dd431867e42]
Certificate of Patent Term Extension Added to Record
Note:
A copy of the certificate of patent term extension is added to the patent electronic database and official record in the same manner as a certificate of correction or terminal disclaimer.

All original papers from the application for patent term extension in the official file are transferred to the official patent file of the subject patent and become a part of the permanent record. A copy of the certificate of extension of patent term is added to the patent electronic database as part of the patent record in the same manner as is a certificate of correction or a terminal disclaimer. The patent is also added to the list of patents extended under 35 U.S.C. 156, a copy of which is posted on the USPTO website (www.uspto.gov) and updated as needed.

Jump to MPEP Source · 37 CFR 1.780Patent Term BasicsPatent TermPatent Term Extension

Citations

Primary topicCitation
Patent Term Basics
Patent Term Extension
35 U.S.C. § 156
PTE Determination Procedure
Patent Term Extension
35 U.S.C. § 156(d)(5)
Copies and Certified Documents
PTE Determination Procedure
Patent Term Extension
37 CFR § 1.750

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