37 CFR § 1.780 — Certificate or order of extension of patent (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.780 Certificate or order of extension of patent
This page consolidates MPEP guidance interpreting 37 CFR § 1.780, including 12 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 issuance process for certificates or orders extending patent terms under specific conditions determined by §1.750, including publication in the Official Gazette.
What this section covers
- Certificates or orders granting extensions to patent terms are issued if a determination is made that a patent is eligible for extension and its term should be extended under §1.750.
- The issuance process involves adhering to specific requirements, such as publishing notifications in the Official Gazette.
Key obligations
- Determine if a patent is eligible for extension under §1.750 before requesting an extension.
- File a request for extension with the appropriate authority to ensure compliance with specific requirements.
Practice notes
- Ensure the certificate or order is under seal and includes all necessary information for compliance.
- Avoid delays in filing the request for extension to ensure timely issuance of the certificate or order.
Official MPEP § 1.780 — Certificate or order of extension of patent
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.780 Certificate or order of extension of patent term.
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.
[Added, 52 FR 9399, Mar. 24 1987, effective May 26, 1987; para. (a) revised, 60 FR 25615, May 12, 1995, effective July 11, 1995; revised, 65 FR 54604, Sept. 8, 2000, effective Nov. 7, 2000]
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| MPEP Section | Rules |
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| MPEP § 2759 |