What 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 MoreWhat types of patents are eligible for patent term extension?
Patents eligible for extension under 35 U.S.C. 156 include those that: Claim a product as defined in 35 U.S.C. 156(f)(1) Claim a method of using such a product Claim a method of manufacturing such a product The product must be one of the following: A human drug product A medical device A food additive A…
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 MoreHow does the “first permitted marketing or use” requirement affect patent term extension eligibility?
The “first permitted marketing or use” requirement is a crucial factor in determining eligibility for patent term extension. According to 35 U.S.C. 156(a)(5) and 37 CFR 1.720(e), the approval for commercial marketing or use must generally be the first permitted under the provision of law under which the regulatory review occurred. For human drug products:…
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 conditions must be met for a patent to qualify for term extension?
According to 35 U.S.C. 156(a)(1)-(5) and 37 CFR 1.720, the following conditions must be met: The patent has not expired before the application for extension is filed The patent has never been previously extended under 35 U.S.C. 156(e)(1) The application is submitted by the patent owner or its agent within 60 days of regulatory approval…
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