What is the legal basis for granting a petition for stay in a patent term extension application?
The legal basis for granting a petition for stay in a patent term extension application is found in 37 CFR 1.182. According to MPEP 2765: “The Office analogizes such petitions for a stay in the patent term extension proceeding under 37 CFR 1.182 to requests for staying action in patent applications and for deferring issuance…
Read MoreCan you request reconsideration of patent term adjustment after the two-month deadline?
Can you request reconsideration of patent term adjustment after the two-month deadline? Generally, requests for reconsideration of patent term adjustment filed after the two-month deadline are dismissed as untimely. However, MPEP 2734 provides an exception for situations where the applicant can show that the delay was unavoidable: “The two-month time period may be extended under…
Read MoreHow is a Certificate of Extension of Patent Term issued?
The process of issuing a Certificate of Extension of Patent Term involves several steps: The Director determines the patent’s eligibility for extension based on the application. If eligible and requirements are met, a certificate is issued under seal. The certificate is recorded in the official patent file. Notification of issuance is published in the Official…
Read MoreHow long does an interim extension last?
How long does an interim extension last? According to MPEP 2755.01, the duration of an interim extension is limited: “An interim extension granted under 35 U.S.C. 156(e)(2) terminates at the earlier of the expiration of the 60-day period beginning on the date on which the product involved receives permission for commercial marketing or use, or…
Read MoreAre interim extensions allowed for multiple patents based on the same regulatory review period?
Yes, interim extensions under 35 U.S.C. 156(e)(2) are permitted for multiple patents based on the same regulatory review period, provided the patents expire on the same day. The MPEP 2761 states: “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…
Read MoreWhen does an interim extension granted under 35 U.S.C. 156(d)(5) terminate?
An interim extension granted under 35 U.S.C. 156(d)(5) has a specific termination timeline. According to MPEP 2754.02: “An interim extension granted under 35 U.S.C. 156(d)(5) terminates sixty days after permission for commercial marketing or use of the product is granted, except, if within the sixty-day period any additional information needed for an application for patent…
Read MoreWhat is the deadline for filing an application for interim extension?
What is the deadline for filing an application for interim extension? The deadline for filing an application for interim extension is specified in MPEP 2755.01: “The application for interim extension must be filed during the period beginning 6 months and ending 15 working days before the patent is due to expire.” This timeframe ensures that…
Read MoreHow do interference and derivation proceedings affect patent term adjustment?
Interference and derivation proceedings can impact patent term adjustment (PTA) in two ways, as outlined in MPEP 2731: They can create a basis for PTA under 35 U.S.C. 154(b)(1)(C)(i) They can reduce the amount of B-delay awarded under 35 U.S.C. 154(b)(1)(B)(ii) Regarding the first point, MPEP 2731 states: “37 CFR 1.703(c) pertains to the provisions…
Read MoreHow does the submission of an Information Disclosure Statement (IDS) affect patent term adjustment?
The submission of an Information Disclosure Statement (IDS) can affect patent term adjustment as specified in 37 CFR 1.704(d). Key points include: An IDS submission may not be considered a failure to engage in reasonable efforts to conclude prosecution if certain conditions are met The IDS must be accompanied by a statement that each item…
Read MoreWhat should I do if I believe the Patent Term Adjustment on my patent is incorrect?
If you believe the Patent Term Adjustment (PTA) indicated on your patent is incorrect, you have several options depending on whether you think it’s too long or too short: If you think the PTA is too short: File a request for reconsideration using the procedures set forth in 37 CFR 1.705(b). This is the official…
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