How is a Certificate of Extension of Patent Term issued?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
The process of issuing a Certificate of Extension of Patent Term involves several steps:
- The Director determines the patent’s eligibility for extension based on the application.
- If eligible and requirements are met, a certificate is issued under seal.
- The certificate is recorded in the official patent file.
- Notification of issuance is published in the Official Gazette.
As stated in MPEP 2759, “Following the one-month period provided in the Notice of Final Determination, the Certificate of Extension is prepared and signed by the Director. The original certificate is mailed to the applicant and a copy is sent to the regulatory agency.“
Topics:
Adjustments
And Extensions
MPEP 2700 - Patent Terms
MPEP 2759 - Certificate Of Extension Of Patent Term
Patent Law
Patent Procedure