How is eligibility for patent term extension determined?
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.
To learn more:
Topics:
Adjustments,
And Extensions,
MPEP 2700 - Patent Terms,
MPEP 2755 - Eligibility Determination,
Patent Law,
Patent Procedure