How is the application date determined for patent term extension purposes?
The determination of the application date for patent term extension purposes is specifically addressed in 35 U.S.C. 156(d)(1): “For purposes of determining the date on which a product receives permission under the second sentence of this paragraph, if such permission is transmitted after 4:30 P.M., Eastern Time, on a business day, or is transmitted on…
Read MoreWhat is considered a “business day” for patent term extension applications?
For patent term extension applications, the definition of a “business day” is specific and important for calculating deadlines. According to MPEP 2754.01: “The term ‘business day’ in this context means any Monday, Tuesday, Wednesday, Thursday, or Friday, excluding any legal holiday under 5 U.S.C. 6103.” This definition is crucial when determining the exact date a…
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