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 MoreWhat are the formal requirements for a patent term extension application?
The formal requirements for a patent term extension application are outlined in 37 CFR 1.740. Some key requirements include: Complete identification of the approved product Identification of the federal statute under which regulatory review occurred Date of product approval for commercial marketing or use For drug products, identification of each active ingredient Statement that the…
Read MoreWhat is meant by an application being in “condition for examination” for patent term adjustment purposes?
The concept of an application being in “condition for examination” is important for patent term adjustment calculations, particularly in relation to 37 CFR 1.704(c)(13). According to 37 CFR 1.704(f), an application filed under 35 U.S.C. 111(a) is in condition for examination when it includes: A specification, including at least one claim and an abstract Papers…
Read MoreWhat additional information is required when submitting an application for patent term extension under 35 U.S.C. 156(d)(1) after an interim extension?
When submitting an application for patent term extension under 35 U.S.C. 156(d)(1) following an interim extension, specific additional information is required. According to MPEP 2754.02, this includes: The fee for an application for patent term extension under 35 U.S.C. 156(d)(1) Identification of the date the product received permission for commercial marketing or use A statement…
Read MoreWhat are “matters of form” in a patent application?
“Matters of form” in a patent application refer to minor, non-substantive issues that need to be corrected before a patent can be granted. These are typically formal requirements that do not affect the core inventive concept or patentability of the invention. According to MPEP § 1301, when an application is “in condition for allowance, except…
Read MoreWhat are the basic requirements for an international patent application according to PCT Article 3(4)?
MPEP 1812 outlines the basic requirements for an international patent application as specified in PCT Article 3(4). These requirements are: The application must be in a prescribed language It must comply with the prescribed physical requirements It must comply with the prescribed requirement of unity of invention It must be subject to the payment of…
Read MoreWhat are the requirements for invoking the AIA 35 U.S.C. 102(b)(2)(C) exception based on a joint research agreement?
What are the requirements for invoking the AIA 35 U.S.C. 102(b)(2)(C) exception based on a joint research agreement? To invoke the AIA 35 U.S.C. 102(b)(2)(C) exception based on a joint research agreement, specific requirements must be met. According to MPEP 717.02(b), the following conditions apply: Timing of the agreement: The joint research agreement must have…
Read MoreWhat are the requirements for a patent application title?
The title of a patent application is an important element that should be carefully reviewed. MPEP 1302.01 outlines the following requirements for patent application titles: Length: The title may not exceed 500 characters in length Specificity: The title must be as short and specific as possible Descriptiveness: The title should be descriptive of the invention…
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