What happens to the patent file after a Certificate of Extension is issued?
After a Certificate of Extension is issued, several changes occur to the patent file: The certificate is added to the official patent file. Original papers from the extension application are transferred to the official patent file. A copy of the certificate is added to the patent electronic database. The patent is added to the list…
Read MoreWhat is the Patent Application Locating and Monitoring (PALM) system used for in patent term adjustment?
The Patent Application Locating and Monitoring (PALM) system is a crucial tool used by the USPTO in determining patent term adjustment (PTA). As stated in MPEP 2733: “The Office makes the patent term adjustment determination by a computer program that uses the information recorded in the Office’s Patent Application Locating and Monitoring (PALM) system.” The…
Read MoreHow are overlapping delay periods handled in patent term adjustment calculations?
The handling of overlapping delay periods in patent term adjustment (PTA) calculations is addressed in MPEP 2731. The key principle is that the total PTA cannot exceed the actual number of days the issuance of the patent was delayed. Specifically: “37 CFR 1.703(f) indicates that the adjustment will run from the expiration date of the…
Read MoreWhat is the Notice of Final Determination in patent term extension?
The Notice of Final Determination is a document issued by the USPTO after reviewing the regulatory agency’s information and calculating the eligible length of patent term extension. According to MPEP 2758, this notice: States the length of extension for which the application is eligible Provides the calculations used to determine the extension length Gives the…
Read MoreCan I get a refund if I withdraw my patent term extension application?
No, withdrawing your patent term extension application does not entitle you to a refund of the filing fee. The MPEP 2764 clearly states: “The filing of an express withdrawal pursuant to this section and its acceptance by the Office does not entitle applicant to a refund of the filing fee (§ 1.20(j)) or any portion…
Read MoreCan multiple patents receive interim extensions based on a single regulatory review period?
Yes, multiple patents can receive interim extensions based on a single regulatory review period under certain circumstances. According to MPEP 2755.01: “In circumstances where extensions of multiple patents have been sought based on a single regulatory review period as per 37 CFR 1.785, where those patents expire on the same day, multiple interim extensions under…
Read MoreCan multiple patents be extended for the same regulatory review period?
No, only one patent can be extended for a single regulatory review period for any product. This is explicitly stated in 35 U.S.C. 156(c)(4): “in no event shall more than one patent be extended under subsection (e)(1) for the same regulatory review period for any product.” The MPEP 2761 further clarifies: “Only one patent may…
Read MoreHow are multiple applications for extension of different patents based on the same regulatory review period handled?
When multiple applications for extension of different patents are based on the same regulatory review period, the handling depends on whether the applications are from a single applicant or multiple applicants: Single Applicant: According to 37 CFR 1.785(b), “the certificate of extension of patent term, if appropriate, will be issued upon the application for extension…
Read MoreCan multiple interim extensions be granted for a single patent?
Can multiple interim extensions be granted for a single patent? Yes, multiple interim extensions can be granted for a single patent. MPEP 2755.01 states: “If a determination is made that the patent is eligible for extension, an interim extension is granted for a period of up to one year. Additional interim extensions may be granted…
Read MoreWhat happens if multiple applications for extension are filed for the same patent?
If multiple applications for extension are filed for the same patent, the USPTO will issue the certificate of extension based on the first filed application. According to 37 CFR 1.785(a): “If more than one application for extension of the same patent is filed, the certificate of extension of patent term, if appropriate, will be issued…
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