Should patent term extension or potential litigation be considered when determining the term of deposit?

No, potential patent term extension or extended litigation should not be factored into the determination of the deposit term. The MPEP explicitly states: The mere possibility of patent term extension or extended litigation involving the patent should not be considered in this analysis. This guidance ensures that the term of deposit is based on the…

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What are the formal requirements for a patent term extension application?

The formal requirements for a patent term extension application are outlined in 37 CFR 1.740. Some key requirements include: Complete identification of the approved product Identification of the federal statute under which regulatory review occurred Date of product approval for commercial marketing or use For drug products, identification of each active ingredient Statement that the…

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No more FAQs available for MPEP 2765

All relevant information from MPEP 2765 – Petition for Stay in Processing of Patent Term Extension Application has been covered in the previously generated FAQs. The section’s content has been exhaustively addressed, and no additional meaningful questions can be formulated without redundancy. To learn more: patent term extension petition for stay MPEP 2765

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What is the maximum period of patent term extension?

The maximum period of patent term extension depends on several factors, including the date of patent issuance and the regulatory review period. According to MPEP 2758: For patents issued after September 24, 1984, the extension cannot exceed five years. For patents issued before September 24, 1984, with regulatory review starting after this date, the extension…

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What is considered ‘material information’ in patent term extension proceedings?

‘Material information’ in patent term extension proceedings is any information that could significantly impact the determination of entitlement to the extension sought. The MPEP 2762 defines it as follows: “Information is ‘material’ when there is a substantial likelihood that the Office or the Secretary would consider it important in determinations to be made in the…

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