How does the USPTO process a patent term extension application?

The USPTO follows a specific process for handling patent term extension applications under 35 U.S.C. 156. According to the MPEP, the process includes the following steps:

1. The USPTO initially determines whether the application is formally complete and whether the patent is eligible for extension.
2. The Director of the USPTO notifies the Secretary of Agriculture or the Secretary of Health and Human Services of the submission of a compliant application within sixty days.
3. The Director submits a copy of the application to the relevant Secretary.
4. Within thirty days of receiving the application from the Director, the Secretary determines the length of the applicable regulatory review period and notifies the Director of the determination.
5. If the Director determines that the patent is eligible for extension, they calculate the length of extension for which the patent is eligible under the appropriate statutory provision.
6. The Director issues an appropriate Certificate of Extension.

This process ensures coordination between the USPTO and other relevant government agencies in determining the eligibility and duration of patent term extensions.

To learn more:

• patent term extension
• USPTO process
• application review
• regulatory review period