Who 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 MoreWhat information must be included in a patent term extension application?
According to 35 U.S.C. 156(d)(1), a patent term extension application must contain the following information: The identity of the approved product and the Federal statute under which regulatory review occurred The identity of the patent for which an extension is being sought and the relevant claims Information to determine eligibility for extension and the rights…
Read MoreCan a registered practitioner sign a patent term extension application on behalf of the patent owner?
Yes, a registered practitioner can sign a patent term extension application on behalf of the patent owner. According to 37 CFR 1.730(b)(2): “If the application is submitted by the patent owner, the application must be signed either by: … (2) A registered practitioner on behalf of the patent owner.” However, the USPTO may require proof…
Read MoreHow is the application date determined for patent term extension purposes?
The determination of the application date for patent term extension purposes is specifically addressed in 35 U.S.C. 156(d)(1): “For purposes of determining the date on which a product receives permission under the second sentence of this paragraph, if such permission is transmitted after 4:30 P.M., Eastern Time, on a business day, or is transmitted on…
Read MoreWhat is the deadline for filing a patent term extension application?
The deadline for filing a patent term extension application is specified in 35 U.S.C. 156(d)(1): “Except as provided in paragraph (5), such an application may only be submitted within the sixty-day period beginning on the date the product received permission under the provision of law under which the applicable regulatory review period occurred for commercial…
Read MoreWhat is the “covered date” for certain drug products in patent term extension applications?
The “covered date” is a specific term used in patent term extension applications for certain drug products. According to 35 U.S.C. 156(i)(2), the covered date is defined as the later of: The date an application is approved under specific sections of the Public Health Service Act or Federal Food, Drug, and Cosmetic Act The date…
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