How is a Certificate of Extension of Patent Term issued?
The process of issuing a Certificate of Extension of Patent Term involves several steps: The Director determines the patent’s eligibility for extension based on the application. If eligible and requirements are met, a certificate is issued under seal. The certificate is recorded in the official patent file. Notification of issuance is published in the Official…
Read MoreWhen does confidential information in patent term extension applications become public?
The timing of when confidential information in patent term extension applications becomes public is addressed in MPEP 2760. The section states: “The information will not be made public as part of the patent file before a certificate of patent extension is issued. […] If such information was material to a determination of eligibility or any…
Read MoreCan a Certificate of Extension be issued if the patent term cannot be extended?
No, a Certificate of Extension cannot be issued if the patent term cannot be extended, even if the patent is otherwise eligible for extension. According to MPEP 2759, which cites 37 CFR 1.780: “No certificate of, or order granting, an extension will be issued if the term of the patent cannot be extended, even though…
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