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