Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
If the USPTO determines that a patent is ineligible for term extension during the preliminary review process, the following action is taken:
The MPEP clearly states: “In the interest of efficiency, if the patent is determined to be ineligible for patent term extension, the Office will dismiss the application rather than request a determination of the regulatory review period.”
This means that:
- The USPTO will not proceed with requesting a determination of the regulatory review period from the relevant agency.
- The patent term extension application will be dismissed.
- The applicant will be notified of the dismissal and the reasons for ineligibility.
This approach allows the USPTO to conserve resources and avoid unnecessary steps in cases where a patent does not meet the basic eligibility criteria for term extension.
To learn more:
Topics:
Adjustments,
And Extensions,
MPEP 2700 – Patent Terms,
MPEP 2756 – Correspondence Between The Uspto And The Regulatory Agency,
Patent Law,
Patent Procedure