How are multiple applications for extension of different patents based on the same regulatory review period handled?

When multiple applications for extension of different patents are based on the same regulatory review period, the handling depends on whether the applications are from a single applicant or multiple applicants:

• Single Applicant: According to 37 CFR 1.785(b), “the certificate of extension of patent term, if appropriate, will be issued upon the application for extension of the patent term having the earliest date of issuance of those patents for which extension is sought.”
• Multiple Applicants: As per 37 CFR 1.785(c), “the certificate of extension of patent term will be issued on the application only if the patent owner or its agent is the holder of the regulatory approval granted with respect to the regulatory review period.”

In both cases, the USPTO ensures that only one patent is extended for a given regulatory review period.

To learn more:

• patent extension
• multiple patents
• same regulatory review period