How does the 14-year rule affect patent term extension?
The 14-year rule is a statutory limitation on patent term extension found in 35 U.S.C. 156(c)(3). According to MPEP 2758: “The 14 year exception of 35 U.S.C. 156(c)(3) operates to limit the term of the extension in the present situation because it provides that the period remaining in the term of the patent measured from…
Read MoreCan a patent owner request a reissue to extend the patent term?
Can a patent owner request a reissue to extend the patent term? No, a patent owner cannot use the reissue process to extend the patent term. The MPEP 1405 clearly states: “The maximum term of the original patent is fixed at the time the patent is granted. While the term may be subsequently shortened, e.g.,…
Read MoreHow can I request a patent term extension under the Hatch-Waxman Act?
Patent term extensions under the Hatch-Waxman Act are available for certain patents related to drug products, medical devices, and food additives. According to MPEP 1002.02(b), these requests are handled by the Deputy Commissioner who oversees the Office of Petitions or assigned staff: Applications relating to Hatch-Waxman patent term extension, 37 CFR 1.710 – 1.791 and…
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