How does the USPTO evaluate petitions for stay in patent term extension applications?
The USPTO evaluates petitions for stay in patent term extension applications based on the standard of “good and sufficient cause.” According to MPEP 2765: “The standard for granting requests under both 37 CFR 1.103 and 37 CFR 1.314 is good and sufficient cause.” The USPTO considers several factors when evaluating these petitions: The nature and…
Read MoreWhat is the legal basis for granting a petition for stay in a patent term extension application?
The legal basis for granting a petition for stay in a patent term extension application is found in 37 CFR 1.182. According to MPEP 2765: “The Office analogizes such petitions for a stay in the patent term extension proceeding under 37 CFR 1.182 to requests for staying action in patent applications and for deferring issuance…
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