37 CFR § 1.791 — Termination of interim extension granted prior (MPEP Coverage Index) – BlueIron IP

This page consolidates MPEP guidance interpreting 37 CFR § 1.791, including 15 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

The process for terminating an interim patent term extension granted prior to product approval involves filing a first application using the USPTO's electronic system within a specific window.

What this section covers

Define the process for terminating an interim patent term extension before product approval.

Key obligations

State that a first application for interim extension must be filed using the USPTO patent electronic filing system (Patent Center).
State that the application must be filed within a specific filing window to terminate an interim extension.
State that the application must comply with USC 35 and CFR requirements for patent term extensions.

Practice notes

Advise practitioners to ensure the application is filed within the filing window to avoid losing the opportunity for termination.
Warn practitioners against filing an application outside of Patent Center, as it may not be accepted.

Interim Extension Terminates After 60 DaysMPEP 2755.02
Patent Extension Upon Filing of Additional InformationMPEP 2755.02Required
Interim Patent Term Extension Processed by Office of Legal AdministrationMPEP 2755.02Required
Consultation Required Before Granting Interim Patent Term ExtensionMPEP 2755.02
Fee for Interim Patent Term Extension ApplicationMPEP 2755.02
Copies of Interim Extension Applications Maintained Like Term ExtensionsMPEP 2755.02
Publication of Patent Eligibility for Extension Before ApprovalMPEP 2755.02Required
Fee for Interim Patent Term ExtensionMPEP 2755.02

First Interim Extension Application Must Be Filed Using Patent CenterMPEP 2754.02Required
Subsequent Interim Extensions Must Be Filed During Specific WindowMPEP 2754.02Required
Additional Information for Patent Term Extension Required Within Sixty DaysMPEP 2754.02Required
Patent Extension Upon Filing of Additional InformationMPEP 2755.02Required
Interim Patent Term Extension Before ApprovalMPEP 2755.02Required
Interim Patent Term Extension Processed by Office of Legal AdministrationMPEP 2755.02Required
Publication of Patent Eligibility for Extension Before ApprovalMPEP 2755.02Required

Interim Extension Terminates After Product Approval But May Be Extended With Additional InformationMPEP 2754.02Permitted
Interim Patent Term Extension Before ApprovalMPEP 2755.02
Multiple Interim Extensions Permitted for Single Regulatory ReviewMPEP 2755.02Permitted

MPEP Section	Rules
MPEP § 2754.02	First Interim Extension Application Must Be Filed Using Patent CenterMPEP 2754.02Required Subsequent Interim Extensions Must Be Filed During Specific WindowMPEP 2754.02Required Interim Extension Terminates After Product Approval But May Be Extended With Additional InformationMPEP 2754.02Permitted Additional Information for Patent Term Extension Required Within Sixty DaysMPEP 2754.02Required
MPEP § 2755.02	Interim Extension Terminates After 60 DaysMPEP 2755.02 Patent Extension Upon Filing of Additional InformationMPEP 2755.02Required Interim Patent Term Extension Before ApprovalMPEP 2755.02 Interim Patent Term Extension Before ApprovalMPEP 2755.02Required Multiple Interim Extensions Permitted for Single Regulatory ReviewMPEP 2755.02Permitted Interim Patent Term Extension Processed by Office of Legal AdministrationMPEP 2755.02Required Consultation Required Before Granting Interim Patent Term ExtensionMPEP 2755.02 Fee for Interim Patent Term Extension ApplicationMPEP 2755.02 Copies of Interim Extension Applications Maintained Like Term ExtensionsMPEP 2755.02 Publication of Patent Eligibility for Extension Before ApprovalMPEP 2755.02Required Fee for Interim Patent Term ExtensionMPEP 2755.02

MPEP Section

Rules

MPEP § 2754.02