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’…

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When 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…

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What 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…

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When 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…

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How 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…

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What 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…

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