What is the scope of rights during the extended patent term under 35 U.S.C. 156?
The scope of rights during the extended patent term under 35 U.S.C. 156 is defined in 35 U.S.C. 156(b). According to the MPEP: “The rights derived from extension of the patent term under 35 U.S.C. 156(a) are defined in 35 U.S.C. 156(b), but are not limited to a claim-by-claim basis. Rather, subsection(a) of 156 indicates…
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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