How can I submit a patent term extension application?
Patent term extension applications can be submitted in two ways: By mail addressed to Mail Stop Hatch-Waxman PTE, Commissioner for Patents, P.O. Box 1450, Alexandria, Virginia 22313-1450 Hand-carried to the Office of Patent Legal Administration It’s important to note that “Patent term extension applications MUST NOT be filed by facsimile or the Office’s electronic filing…
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 happens if a patent term extension application is incomplete?
If a patent term extension application does not meet all the formal requirements of 37 CFR 1.740(a), the applicant will be notified of the informalities. The applicant then has two options: Seek to have the holding reviewed under 37 CFR 1.740(c) Correct the informality It’s important to note that “if the application satisfies the requirements…
Read MoreWhat constitutes a “complete application” for patent term extension?
A “complete application” for patent term extension is defined in 37 CFR 1.741(a) and must meet the requirements set forth in 35 U.S.C. 156(d)(1). The MPEP states: “The Office will consider each of these statutory requirements to be satisfied in an application which provides sufficient information, directed to each requirement, to act on the application,…
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