What happens if a patent is determined to be ineligible for term extension?
If the USPTO determines that a patent is ineligible for term extension during the preliminary review process, the following action is taken: The MPEP clearly states: “In the interest of efficiency, if the patent is determined to be ineligible for patent term extension, the Office will dismiss the application rather than request a determination of…
Read MoreWhat happens if a patent is determined to be ineligible for extension after an interim extension has been granted?
If a patent is determined to be ineligible for extension after an interim extension has been granted, the interim extension may be revoked. According to MPEP 2755.01: “Where an interim extension has been granted and it is subsequently determined that the patent is not eligible for patent term extension, the interim extension may be vacated…
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