When should a request for interim extension be filed?
According to 37 CFR 1.760, as cited in MPEP 2755.01: “Any such request should be filed at least three months prior to the expiration date of the patent.“ However, the MPEP clarifies that this time frame is not mandatory: “While 37 CFR 1.760 provides that a request for an interim extension by the applicant ‘should’…
Read MoreWhen can an ex parte reexamination be requested?
According to MPEP 2211, an ex parte reexamination can be requested “at any time during the period of enforceability of a patent“. This is established by 37 CFR 1.510(a). The period of enforceability is generally determined by adding 6 years to the patent’s expiration date, but may be extended in cases of pending litigation. To…
Read MoreWhat is an interim extension of patent term?
An interim extension of patent term is a temporary extension granted by the Director of the USPTO under 35 U.S.C. 156(e)(2) when a patent’s term would expire before a final decision on a patent term extension application can be made. As stated in the MPEP: “If the term of a patent for which an application…
Read MoreWhen can maintenance fees for utility patents be paid?
Maintenance fees for utility patents can be paid during specific time periods as outlined in MPEP 2506: Window Period: Fees can be paid without surcharge during the 6-month periods preceding each due date, as defined in 35 U.S.C. 41(b). Grace Period: Fees can be paid with a surcharge during the 6-month periods immediately following each…
Read MoreHow does the USPTO notify patentees about maintenance fee payments?
The USPTO notifies patentees about maintenance fee payments through various means: Courtesy notices are sent to the correspondence address of record. Notices are published in the Official Gazette. The USPTO provides public access to patent maintenance fee information. MPEP 2575 states: “Under the statutes and rules, the Office has no duty to notify patentees when…
Read MoreIs the USPTO required to notify patentees about maintenance fee payments?
No, the USPTO is not legally required to notify patentees about maintenance fee payments. According to MPEP 2540: “Under the statutes and rules, the Office has no duty to notify patentee of the requirement to pay maintenance fees or to notify patentee when the maintenance fee is due. It is solely the responsibility of the…
Read MoreDoes the USPTO have a duty to notify patentees about maintenance fee due dates?
No, the USPTO does not have a legal duty to notify patentees about maintenance fee due dates. As stated in MPEP 2575: “Under the statutes and the regulations, the Office has no duty to notify patentees when their maintenance fees are due. It is the responsibility of the patentee to ensure that the maintenance fees…
Read MoreWhat types of notices does the USPTO provide regarding maintenance fees?
The USPTO provides several types of notices regarding maintenance fees, although these are courtesies and not legal obligations. According to MPEP 2575, these include: Reminder notices in the patent grant and Notice of Allowance Official Gazette notices Maintenance Fee Reminders after the grace period begins Receipt notices upon request Expiration notices It’s important to note…
Read MoreHow do terminal disclaimers affect patent expiration dates?
Terminal disclaimers can affect the expiration date of a patent by limiting its term to that of an earlier-issued patent. The MPEP explains, If the disclaimer disclaims the terminal portion of the term of the patent which would extend beyond the expiration date of an earlier issued patent, then the expiration date of the earlier…
Read MoreHow does a terminal disclaimer affect patent term adjustment?
A terminal disclaimer can limit the effect of patent term adjustment (PTA). According to MPEP 2731: “37 CFR 1.703(g) indicates that no patent, the term of which has been disclaimed beyond a specified date, shall be adjusted under 37 CFR 1.702 and 1.703 beyond the expiration date specified in the disclaimer (35 U.S.C. 154(b)(2)(B)).“ This…
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