37 CFR § 1.750 — Determination of eligibility for extension of (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.750 Determination of eligibility for extension of
This page consolidates MPEP guidance interpreting 37 CFR § 1.750, including 44 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 outlines the process for determining whether a patent is eligible for an extension based on representations in the application, emphasizing accuracy and timeliness of filings.
What this section covers
- Determines eligibility of patents for extension solely from representations in the application.
Key obligations
- Ensure all representations in the application for extension are accurate and complete.
- Timely filing of the application is required to avoid delays in determination.
- Director has sole authority to make eligibility determinations based on representations in the application.
Practice notes
- Include all relevant information in the application to avoid delays and ensure accuracy.
- Timely filing and accuracy of representations are critical for avoiding adverse determinations.
Official MPEP § 1.750 — Determination of eligibility for extension of
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.750 Determination of eligibility for extension of patent term.
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 .
[Added 52 FR 9396, Mar. 24, 1987, effective May 26, 1987; revised, 60 FR 25615, May 12, 1995, effective July 11, 1995; revised, 68 FR 14332, Mar. 25, 2003, effective May 1, 2003]
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| MPEP Section | Rules |
|---|---|
| MPEP § 2755 | |
| MPEP § 2755.01 | |
| MPEP § 2758 | |
| MPEP § 2759 | |
| MPEP § 2762 | |
| MPEP § 2764 |