What happens after the USPTO makes a final determination on patent term extension?
After the USPTO makes a final determination on patent term extension, the following process occurs: A notice is mailed to the applicant containing the determination of eligibility and the period of extension, if any. This notice constitutes the final determination. The applicant has one opportunity to request reconsideration within a specified time period. If no…
Read MoreWhat is the deadline for filing a patent term extension application under 35 U.S.C. 156(d)(1)?
The deadline for filing a patent term extension application under 35 U.S.C. 156(d)(1) is within a 60-day period that begins on the date the product received permission for commercial marketing or use. According to the MPEP 2754.01: “An application for patent term extension under 35 U.S.C. 156(d)(1) may only be filed within the sixty-day period…
Read MoreWhat is the filing date for a patent term extension application?
The filing date for a patent term extension application is determined according to 37 CFR 1.741(a). Specifically, “the filing date of an application for patent term extension is the date on which a complete application is received in the USPTO or filed pursuant to the certificate of mailing provisions of 37 CFR 1.8 or the…
Read MoreWhat patents are eligible for term extensions or adjustments due to USPTO delays?
The eligibility for patent term extensions or adjustments due to USPTO delays depends on the filing date of the patent application: Utility and plant patents filed between June 8, 1995, and May 28, 2000: Eligible for patent term extension under former 35 U.S.C. 154(b) and 37 CFR 1.701. Utility and plant patents filed on or…
Read MoreHow is eligibility for patent term extension determined?
The eligibility for patent term extension is primarily determined based on the information provided in the application. According to MPEP 2755, “A determination as to whether a patent is eligible for extension may be made by the Director solely on the basis of the representations contained in the application for extension filed in compliance with…
Read MoreHow is the period of delay calculated for patent term extension under 37 CFR 1.701?
The period of delay for patent term extension under 37 CFR 1.701 is calculated based on the specific reasons for delay. According to MPEP 2720: For interference or derivation proceedings: The number of days from the date the proceeding was instituted to the date it was terminated with respect to the application. For secrecy orders:…
Read MoreHow is the patent term extension period calculated?
The calculation of the patent term extension period is based on the regulatory review period and several other factors. According to MPEP 2758, the basic formula is: Period of Extension = RRP – PGRRP – DD – ½ (TP – PGTP) Where: RRP: Total number of days in the regulatory review period PGRRP: Number of…
Read MoreHow is the patent term extension calculated for a reissue patent?
The calculation of the patent term extension for a reissue patent follows a specific rule, as outlined in MPEP § 2766: “With respect to calculating the amount of extension to which the reissued patent is entitled to receive, so long as the original patent claimed the approved product and the reissued patent claims the approved…
Read MoreWhat are the formal requirements for a patent term extension application?
The formal requirements for a patent term extension application are outlined in 37 CFR 1.740. Some key requirements include: Complete identification of the approved product Identification of the federal statute under which regulatory review occurred Date of product approval for commercial marketing or use For drug products, identification of each active ingredient Statement that the…
Read MoreHow does the patent term extension under 35 U.S.C. 154(b) relate to the extension under 35 U.S.C. 156?
The patent term extensions under 35 U.S.C. 154(b) and 35 U.S.C. 156 are separate and can be combined. According to MPEP 2720: “The patent term extension that may be available under 35 U.S.C. 156 for premarket regulatory review is separate from and will be added to any extension that may be available under former and…
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