Are 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 should the marketing applicant’s activities be described in a patent term extension application?
The description of the marketing applicant’s activities is an important component of a patent term extension application. According to 37 CFR 1.740(a)(11), the application must include: “A brief description of the activities undertaken by the marketing applicant before the regulatory agency with respect to the approved product and the significant dates applicable to such activities.“…
Read MoreWhat deadlines are set in the Federal Register Notice regarding regulatory review period determinations?
The Federal Register Notice sets two important deadlines: A deadline 180 days after publication for filing written comments or petitions regarding the marketing applicant’s due diligence during the regulatory review period. A deadline 60 days after publication for requesting redetermination if anyone believes the published dates are incorrect. MPEP 2757 states: “The Federal Register Notice…
Read MoreHow can an inventor establish prior invention dates under 37 CFR 1.131(a)?
MPEP 715.07 outlines three ways an inventor can establish prior invention dates under 37 CFR 1.131(a): Actual reduction to practice of the invention prior to the effective date of the reference. Conception of the invention prior to the effective date of the reference, coupled with due diligence from prior to the reference date to a…
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