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 MoreAre there any limitations on patent term extensions for applications filed between June 8, 1995, and May 28, 2000?
Yes, there are several limitations on patent term extensions for applications filed between June 8, 1995, and May 28, 2000. According to MPEP 2720: The total duration of all extensions cannot exceed 5 years. Extensions for successful appeals are limited to patents not subject to a terminal disclaimer. The period of extension will be reduced…
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:…
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