37 CFR § 1.760 — Interim extension of patent term under35 (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.760 Interim extension of patent term under35
This page consolidates MPEP guidance interpreting 37 CFR § 1.760, including 26 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 covers the interim extension of a patent term during the processing of an application, allowing applicants to request one or more interim extensions for up to one year each pending a final determination on their extension application.
What this section covers
- This section covers the interim extension of a patent term during the processing of an application.
Key obligations
- Applicants must file a formal extension application in compliance with § 1.740 to qualify for interim extensions.
- Each interim extension can be up to one year in duration, with no specific limit on the number of extensions.
- Compliance with USC and CFR authority is required for all filings related to interim extensions.
Practice notes
- Practitioners should ensure all interim extension requests are timely filed and in compliance with § 1.740.
- Exceeding the one-year limit for interim extensions without a final determination on their extension application is not permitted.
Official MPEP § 1.760 — Interim extension of patent term under35
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.760 Interim extension of patent term under 35 U.S.C. 156(e)(2) .
An applicant who has filed a formal application for extension in compliance with § 1.740 may request one or more interim extensions for periods of up to one year each pending a final determination on the application pursuant to § 1.750 . Any such request should be filed at least three months prior to the expiration date of the patent. The Director may issue interim extensions, without a request by the applicant, for periods of up to one year each until a final determination is made. The patent owner or agent will be notified when an interim extension is granted and notice of the extension will be published in the Official Gazette of the United States Patent and Trademark Office. The notice will be recorded in the official file of the patent and will be considered as part of the original patent. In no event will the interim extensions granted under this section be longer than the maximum period for extension to which the applicant would be eligible.
[Added, 52 FR 9396, Mar. 24, 1987, effective May 26, 1987; heading revised, 60 FR 25615, May 12, 1995, effective July 11, 1995; revised, 65 FR 54604, Sept. 8, 2000, effective Sept. 8, 2000; revised, 68 FR 14332, Mar. 25, 2003, effective May 1, 2003]
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- Patent Term Adjustment
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| MPEP Section | Rules |
|---|---|
| MPEP § 2751 | |
| MPEP § 2755.01 |