How does the USPTO evaluate petitions for stay in patent term extension applications?
The USPTO evaluates petitions for stay in patent term extension applications based on the standard of “good and sufficient cause.” According to MPEP 2765:
“The standard for granting requests under both 37 CFR 1.103 and 37 CFR 1.314 is good and sufficient cause.”
The USPTO considers several factors when evaluating these petitions:
- The nature and complexity of the unresolved issues
- The potential impact on the patent term
- The likelihood of resolving the issues within the stay period
- Whether justice requires the stay (especially if the patent term will lapse)
The USPTO may also consider precedents and previous decisions on similar petitions when making its determination.
To learn more:
Topics:
Adjustments,
And Extensions,
MPEP 2700 - Patent Terms,
MPEP 2765 - Petition For Stay In Processing Of Patent Term Extension Application,
Patent Law,
Patent Procedure