Can multiple patents be extended for the same regulatory review period?
No, only one patent can be extended for a single regulatory review period for any product. This is explicitly stated in 35 U.S.C. 156(c)(4): “in no event shall more than one patent be extended under subsection (e)(1) for the same regulatory review period for any product.” The MPEP 2761 further clarifies: “Only one patent may…
Read MoreHow are multiple applications for extension of different patents based on the same regulatory review period handled?
When multiple applications for extension of different patents are based on the same regulatory review period, the handling depends on whether the applications are from a single applicant or multiple applicants: Single Applicant: According to 37 CFR 1.785(b), “the certificate of extension of patent term, if appropriate, will be issued upon the application for extension…
Read MoreWhat happens if multiple applications for extension are filed for the same patent?
If multiple applications for extension are filed for the same patent, the USPTO will issue the certificate of extension based on the first filed application. According to 37 CFR 1.785(a): “If more than one application for extension of the same patent is filed, the certificate of extension of patent term, if appropriate, will be issued…
Read MoreCan the term of a design patent be extended through reissue?
No, the term of a design patent cannot be extended through the reissue process. MPEP 1509 clearly states: “The term of a design patent may not be extended by reissue.” This limitation is based on the legal precedent set in Ex parte Lawrence, 70 USPQ 326 (Comm’r Pat. 1946). The purpose of a design patent…
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