What should an applicant do if they disagree with the patent term extension information printed on the patent?
If an applicant disagrees with the patent term extension information printed on the front page of the patent, they can request a review. According to MPEP 2720: “If applicant disagrees with the patent term extension information printed on the front page of the patent, applicant may request review by way of a petition under 37…
Read MoreWhat is the difference between patent term extension and patent term adjustment?
Patent term extension and patent term adjustment are two distinct concepts in U.S. patent law, each applying to different time periods and situations: Patent Term Extension: Applies to utility and plant patents filed between June 8, 1995, and May 28, 2000 Governed by former 35 U.S.C. 154(b) and 37 CFR 1.701 Detailed in MPEP §…
Read MoreHow is the application date determined for patent term extension purposes?
The determination of the application date for patent term extension purposes is specifically addressed in 35 U.S.C. 156(d)(1): “For purposes of determining the date on which a product receives permission under the second sentence of this paragraph, if such permission is transmitted after 4:30 P.M., Eastern Time, on a business day, or is transmitted on…
Read MoreIs there a deadline for withdrawing a patent term extension application?
Yes, there is a deadline for withdrawing a patent term extension application. According to MPEP 2764: “An application may not be expressly withdrawn after the date permitted for reply to the final determination on the application.” This means you must withdraw your application before the USPTO makes a final determination. If you wish to withdraw…
Read MoreWhat is the deadline for filing a patent term extension application?
The deadline for filing a patent term extension application is specified in 35 U.S.C. 156(d)(1): “Except as provided in paragraph (5), such an application may only be submitted within the sixty-day period beginning on the date the product received permission under the provision of law under which the applicable regulatory review period occurred for commercial…
Read MoreWhat is the “covered date” for certain drug products in patent term extension applications?
The “covered date” is a specific term used in patent term extension applications for certain drug products. According to 35 U.S.C. 156(i)(2), the covered date is defined as the later of: The date an application is approved under specific sections of the Public Health Service Act or Federal Food, Drug, and Cosmetic Act The date…
Read MoreWhat are the consequences of violating the duty of disclosure in patent term extension proceedings?
Violating the duty of disclosure in patent term extension proceedings can have serious consequences. The MPEP 2762 states: “A determination of eligibility for an extension or the issuance of a certificate will not be made if clear and convincing evidence of fraud or attempted fraud on the Office or a Secretary is determined to be…
Read MoreWhat are the consequences of not providing requested information for a patent term extension application?
Failing to provide requested information for a patent term extension application can have serious consequences. According to MPEP 2755: “The failure to provide a response within the time period provided may result in a final determination adverse to the granting of an extension of patent term unless the response period is extended.“ Furthermore, the MPEP…
Read MoreCan information submitted for patent term extension be kept confidential?
Generally, information submitted for patent term extension applications cannot be kept entirely confidential. MPEP 2760 states: “While one submitting such materials to the Office in relation to a pending application for patent term extension must generally assume that such materials will be made of record in the file and be made public, the Office is…
Read MoreWhen does confidential information in patent term extension applications become public?
The timing of when confidential information in patent term extension applications becomes public is addressed in MPEP 2760. The section states: “The information will not be made public as part of the patent file before a certificate of patent extension is issued. […] If such information was material to a determination of eligibility or any…
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