Can an applicant request reconsideration of a patent term extension determination?
Yes, an applicant can request reconsideration of a patent term extension determination. According to MPEP 2755: “A single request for reconsideration of a final determination may be made if filed by the applicant within such time as may be set in the notice of final determination or, if no time is set, within one month…
Read MoreAre there any limitations on patent term extensions for applications filed between June 8, 1995, and May 28, 2000?
Yes, there are several limitations on patent term extensions for applications filed between June 8, 1995, and May 28, 2000. According to MPEP 2720: The total duration of all extensions cannot exceed 5 years. Extensions for successful appeals are limited to patents not subject to a terminal disclaimer. The period of extension will be reduced…
Read MoreHow is patent term extension information displayed on the patent?
According to MPEP 2720, patent term extension information is displayed on the face of the patent. The MPEP states: “Any patent term extension granted as a result of administrative delay pursuant to 37 CFR 1.701 will be printed on the face of the patent in generally the same location as the terminal disclaimer information. The…
Read MoreWhat happens after the USPTO makes a final determination on patent term extension?
After the USPTO makes a final determination on patent term extension, the following process occurs: A notice is mailed to the applicant containing the determination of eligibility and the period of extension, if any. This notice constitutes the final determination. The applicant has one opportunity to request reconsideration within a specified time period. If no…
Read MoreWhat is the deadline for filing a patent term extension application under 35 U.S.C. 156(d)(1)?
The deadline for filing a patent term extension application under 35 U.S.C. 156(d)(1) is within a 60-day period that begins on the date the product received permission for commercial marketing or use. According to the MPEP 2754.01: “An application for patent term extension under 35 U.S.C. 156(d)(1) may only be filed within the sixty-day period…
Read MoreWhat is the filing date for a patent term extension application?
The filing date for a patent term extension application is determined according to 37 CFR 1.741(a). Specifically, “the filing date of an application for patent term extension is the date on which a complete application is received in the USPTO or filed pursuant to the certificate of mailing provisions of 37 CFR 1.8 or the…
Read MoreWhat patents are eligible for term extensions or adjustments due to USPTO delays?
The eligibility for patent term extensions or adjustments due to USPTO delays depends on the filing date of the patent application: Utility and plant patents filed between June 8, 1995, and May 28, 2000: Eligible for patent term extension under former 35 U.S.C. 154(b) and 37 CFR 1.701. Utility and plant patents filed on or…
Read MoreHow is eligibility for patent term extension determined?
The eligibility for patent term extension is primarily determined based on the information provided in the application. According to MPEP 2755, “A determination as to whether a patent is eligible for extension may be made by the Director solely on the basis of the representations contained in the application for extension filed in compliance with…
Read MoreHow is the period of delay calculated for patent term extension under 37 CFR 1.701?
The period of delay for patent term extension under 37 CFR 1.701 is calculated based on the specific reasons for delay. According to MPEP 2720: For interference or derivation proceedings: The number of days from the date the proceeding was instituted to the date it was terminated with respect to the application. For secrecy orders:…
Read MoreHow is the patent term extension period calculated?
The calculation of the patent term extension period is based on the regulatory review period and several other factors. According to MPEP 2758, the basic formula is: Period of Extension = RRP – PGRRP – DD – ½ (TP – PGTP) Where: RRP: Total number of days in the regulatory review period PGRRP: Number of…
Read More