What is the role of the USDA in the patent term extension process?
The United States Department of Agriculture (USDA), specifically its Animal and Plant Health Inspection Service (APHIS), plays a crucial role in the patent term extension process for certain products. According to the MPEP: “The Animal and Plant Health Inspection Service of the United States Department of Agriculture is responsible for assisting the Office in determining…
Read MoreHow is trade secret or confidential information handled in patent term extension applications?
The Manual of Patent Examining Procedure (MPEP) provides guidance on handling trade secret or confidential information in patent term extension applications. According to MPEP 2760: “There is no provision in the statute or the rules for withholding from the public any information that is submitted to the Office or the regulatory agency relating to an…
Read MoreWhat is the time limit for filing a patent term extension application?
The time limit for filing a patent term extension application is specified in 35 U.S.C. 156(d)(1). According to the MPEP: “An application for the extension of the term of a patent under 35 U.S.C. 156 must be submitted by the owner of record of the patent or its agent within the sixty-day period beginning on…
Read MoreCan a terminally disclaimed patent be eligible for patent term extension?
Yes, a patent may be extended under 35 U.S.C. 156, even if it has been terminally disclaimed. The MPEP states: “A patent may be extended under 35 U.S.C. 156, even though it has been terminally disclaimed.” This is because a patent term extension under 35 U.S.C. 156 is a limited extension of patent rights associated…
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 should proprietary or trade secret information be submitted in patent term extension applications?
When submitting proprietary or trade secret information for patent term extension applications, applicants should follow specific procedures. MPEP 2760 provides guidance: “Proprietary or trade secret information should be submitted generally in accordance with the procedures set forth in MPEP § 724.02. Identification of the propriety or trade secret material should be made by page, line,…
Read MoreHow should material information be submitted in patent term extension proceedings?
Material information in patent term extension proceedings should be submitted promptly and directly to the appropriate authority. According to MPEP 2762: “Any such material information should be submitted to the Director of the United States Patent and Trademark Office, the Secretary of Health and Human Services, or the Secretary of Agriculture, as appropriate, accompanied by…
Read MoreHow can I submit a patent term extension application?
Patent term extension applications can be submitted in two ways: By mail addressed to Mail Stop Hatch-Waxman PTE, Commissioner for Patents, P.O. Box 1450, Alexandria, Virginia 22313-1450 Hand-carried to the Office of Patent Legal Administration It’s important to note that “Patent term extension applications MUST NOT be filed by facsimile or the Office’s electronic filing…
Read MoreWhat is the scope of rights during the extended patent term under 35 U.S.C. 156?
The scope of rights during the extended patent term under 35 U.S.C. 156 is defined in 35 U.S.C. 156(b). According to the MPEP: “The rights derived from extension of the patent term under 35 U.S.C. 156(a) are defined in 35 U.S.C. 156(b), but are not limited to a claim-by-claim basis. Rather, subsection(a) of 156 indicates…
Read MoreWhat should be included in a petition for stay of a patent term extension application?
When filing a petition for stay of a patent term extension application, the patent owner should provide detailed reasons why a stay is necessary. MPEP 2765 states: “Therefore, the applicant seeking a stay in the processing of the extension application should provide detailed reasons why a stay is necessary.” The petition should include: A clear…
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