How is eligibility for patent term extension determined?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs 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 eligibility for patent term extension is primarily determined based on the information provided in the application. According to MPEP 2755 , “ A determination as to whether a patent is eligible for extension may be made by the Director solely on the basis of the representations contained in the application for extension filed in compliance with § 1.740 or § 1.790. ” However, the USPTO may request additional information if needed before making a final determination. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Notification of Patent Term Extension Eligibility MPEP 2755 Director Can Request Additional Info Before Patent Extension Determination MPEP 2755 Permitted Determination for Patent Extension Eligibility Can Be Delegated MPEP 2755 Permitted Request for Interim Patent Term Extension Before Expiration MPEP 2755.01 Recommended Interim Patent Term Extension During Processing MPEP 2755.01 Permitted Preliminary Eligibility for Patent Term Extension Determined After Agency Reply MPEP 2756 Publication of Patent Eligibility for Extension Before Approval MPEP 2755.02 Required Fee for Interim Patent Term Extension MPEP 2755.02 Final PTE Eligibility Determination MPEP 2755 Required Director Determines Patent Extension Eligibility Based on Application Representations MPEP 2755 Permitted Other Related FAQs 5 FAQs Collapse What are the consequences of not providing requested information for a patent term extension application? What happens after the USPTO makes a final determination on patent term extension? Can an applicant request reconsideration of a patent term extension determination? What additional information might the USPTO require for patent term extension ...