Can the 60-day filing period for patent term extension applications be extended or waived?
No, the 60-day filing period for patent term extension applications cannot be extended or waived. The MPEP 2754.01 is very clear on this point: “The statutory time period is not extendable and cannot be waived or excused.” This strict adherence to the 60-day filing period is exemplified by a case cited in the MPEP: “See…
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