Can the USPTO grant an interim extension without a request from the applicant?
Yes, the USPTO can grant an interim extension without a request from the applicant. According to MPEP 2755.01:
“The Director may issue interim extensions, without a request by the applicant, for periods of up to one year each until a final determination is made.“
However, the MPEP also advises:
“The Director may issue an interim extension under 35 U.S.C. 156(e)(2) with or without a request from the applicant. However, it is best practice for the applicant for term extension to track the expiration dates of any patents for which extension has been sought and timely file a request for interim extension under 37 CFR 1.760 in order for the Office to timely grant an interim extension under 35 U.S.C. 156(e)(2).”
This suggests that while the USPTO can act independently, it’s in the applicant’s best interest to proactively request an interim extension when needed.
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