What is a petition for stay in processing of a patent term extension application?
A petition for stay in processing of a patent term extension application is a request made by a patent owner to temporarily halt the processing of their patent term extension application. This is typically done when there are unresolved issues relating to the patent, such as involvement in an interference, an appeal of a trial…
Read MoreWhat types of patents are eligible for patent term extension?
Patents eligible for extension under 35 U.S.C. 156 include those that: Claim a product as defined in 35 U.S.C. 156(f)(1) Claim a method of using such a product Claim a method of manufacturing such a product The product must be one of the following: A human drug product A medical device A food additive A…
Read MoreWhat are the key differences in patent terms for applications filed before June 8, 1995?
What are the key differences in patent terms for applications filed before June 8, 1995? Patent applications filed before June 8, 1995, have different term rules compared to those filed on or after this date. According to MPEP 2701: “Patents (other than design patents) that were in force on June 8, 1995, or that issued…
Read MoreWhat are patent term extensions and adjustments?
Patent term extensions and adjustments are mechanisms to extend the term of a patent beyond the standard 20-year period. There are two main types: Patent term adjustments under 35 U.S.C. 154 for delays within the USPTO. These apply to utility and plant patents issuing from applications filed on or after June 8, 1995. Patent term…
Read MoreWhat’s the difference between withdrawing a patent term extension application and responding to an election requirement?
There’s a significant difference between withdrawing a patent term extension application and responding to an election requirement. The MPEP 2764 notes: “This is a different situation as compared to MPEP § 2761 where the withdrawal is in response to a requirement for election and not an express withdrawal under 37 CFR 1.770.” Key differences include:…
Read MoreWhat happens to a patent term extension application when a reissue patent is filed?
When a reissue patent is filed during the processing of a patent term extension application, several steps need to be taken: The Office should receive notice of the reissue filing (see MPEP § 2762). If necessary, the applicant should request a stay of action on the term extension application (see MPEP § 2765). If the…
Read MoreShould a new patent term extension application be filed for a reissue patent?
No, a new patent term extension application should not be filed for a reissue patent. Instead, a specific procedure should be followed: According to MPEP § 2766: “A whole new application for patent term extension should not be filed since any such filing would be outside the 60-day time frame within which an application must…
Read MoreCan an applicant request reconsideration of a patent term extension determination?
Yes, an applicant can request reconsideration of a patent term extension determination. According to MPEP 2755: “A single request for reconsideration of a final determination may be made if filed by the applicant within such time as may be set in the notice of final determination or, if no time is set, within one month…
Read MoreAre there any limitations on patent term extensions for applications filed between June 8, 1995, and May 28, 2000?
Yes, there are several limitations on patent term extensions for applications filed between June 8, 1995, and May 28, 2000. According to MPEP 2720: The total duration of all extensions cannot exceed 5 years. Extensions for successful appeals are limited to patents not subject to a terminal disclaimer. The period of extension will be reduced…
Read MoreHow is patent term extension information displayed on the patent?
According to MPEP 2720, patent term extension information is displayed on the face of the patent. The MPEP states: “Any patent term extension granted as a result of administrative delay pursuant to 37 CFR 1.701 will be printed on the face of the patent in generally the same location as the terminal disclaimer information. The…
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