Who is subject to the duty of disclosure in patent term extension proceedings?
The duty of disclosure in patent term extension proceedings applies to a wide range of individuals involved in the process. According to MPEP 2762: “A duty of candor and good faith toward the USPTO, the Secretary of Health and Human Services, and the Secretary of Agriculture rests on the patent owner or its agent, on…
Read MoreWho can file a petition for patent term adjustment?
While MPEP 2736 does not explicitly state who can file a petition for patent term adjustment, it clearly indicates who cannot file such petitions. The section states: “No submission or petition on behalf of a third party concerning patent term adjustment under 35 U.S.C. 154(b) will be considered by the Office.” By inference, this means…
Read MoreWho can apply for a patent term extension?
According to MPEP 2752, the patent term extension application must be submitted by the owner of record of the patent or its agent. Specifically, 35 U.S.C. 156(d)(1) states: “To obtain an extension of the term of a patent under this section, the owner of record of the patent or its agent shall submit an application…
Read MoreWhen should a request for interim extension be filed?
According to 37 CFR 1.760, as cited in MPEP 2755.01: “Any such request should be filed at least three months prior to the expiration date of the patent.“ However, the MPEP clarifies that this time frame is not mandatory: “While 37 CFR 1.760 provides that a request for an interim extension by the applicant ‘should’…
Read MoreWhen should material information be disclosed in patent term extension proceedings?
Material information should be disclosed promptly in patent term extension proceedings. The MPEP 2762 provides clear guidance on the timing: “All such individuals who are aware, or become aware, of material information adverse to a determination of entitlement to the extension sought, which has not been previously made of record in the patent term extension…
Read MoreWhat is patent term adjustment?
Patent term adjustment (PTA) is additional time added to a patent’s term to compensate for delays in patent issuance caused by the United States Patent and Trademark Office (USPTO). The adjustment is governed by 35 U.S.C. 154(b) and is calculated based on various types of delays specified in the statute. As stated in MPEP 2731:…
Read MoreWhat is an interim extension of patent term?
An interim extension of patent term is a temporary extension granted by the Director of the USPTO under 35 U.S.C. 156(e)(2) when a patent’s term would expire before a final decision on a patent term extension application can be made. As stated in the MPEP: “If the term of a patent for which an application…
Read MoreWhat is the purpose of correspondence between the USPTO and regulatory agencies in patent term extension?
The correspondence between the USPTO and regulatory agencies serves multiple purposes in the patent term extension process: To facilitate eligibility decisions for patent term extension To allow both entities to carry out their responsibilities under 35 U.S.C. 156 To exchange information regarding regulatory review period determinations, due diligence petitions, and informal regulatory agency hearings As…
Read MoreHow does the USPTO process a patent term extension application?
The USPTO follows a specific process for handling patent term extension applications under 35 U.S.C. 156. According to the MPEP, the process includes the following steps: The USPTO initially determines whether the application is formally complete and whether the patent is eligible for extension. The Director of the USPTO notifies the Secretary of Agriculture or…
Read MoreWhat happens if a patent is determined to be ineligible for term extension?
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…
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