How is the application date determined for patent term extension purposes?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 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 determination of the application date for patent term extension purposes is specifically addressed in 35 U.S.C. 156(d)(1) : “For purposes of determining the date on which a product receives permission under the second sentence of this paragraph, if such permission is transmitted after 4:30 P.M., Eastern Time, on a business day, or is transmitted on a day that is not a business day, the product shall be deemed to receive such permission on the next business day.” This provision ensures that applicants have a full business day to prepare and submit their application within the 60-day filing period. The statute also defines “business day” as any Monday, Tuesday, Wednesday, Thursday, or Friday, excluding legal holidays under 5 U.S.C. 6103. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Power of Attorney for Patent Term Extension MPEP 2752 Permitted Application for Patent Term Extension Must Be Filed by Owner or Agent MPEP 2752 Required Application for Patent Term Extension Must Be Submitted by Owner or Agent and Comply with §1.740 Requirements MPEP 2752 Required Limited Power of Attorney for Patent Term Extension Not Changing Existing Patent Powers MPEP 2752 Limited Power of Attorney Required for Patent Term Extension Application MPEP 2752 Signature Requirement for Patent Owner MPEP 2752 Required Agent Must Be Authorized to Act for Patent Owner MPEP 2752 Permitted Power of Attorney Required for Registered Practitioner MPEP 2752 Recommended Registered Practitioner Acting as Representative MPEP 2752 Requirement for Agency Relationship During Regulatory Review MPEP 2752 Required Other Related FAQs 5 FAQs Collapse What is the &#8220;covered date&#8221; for certain ...