What are the reasons for patent term extension under former 35 U.S.C. 154(b)?
Under former 35 U.S.C. 154(b), as referenced in MPEP 2720, there are three main reasons for patent term extension: Interference or derivation proceedings under 35 U.S.C. 135(a) The application being placed under a secrecy order under 35 U.S.C. 181 Appellate review by the Patent Trial and Appeal Board or by a Federal court under 35…
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…
Read MoreWhat are the legal provisions for patent term adjustments filed after May 29, 2000?
For utility and plant patents filed on or after May 29, 2000, the legal provisions for patent term adjustments are: Statutory Basis: 35 U.S.C. 154(b) (effective May 29, 2000 and amended thereafter) Implementing Regulations: 37 CFR 1.702 – 1.705 As stated in the MPEP: “Utility and plant patents issuing on applications filed on or after…
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