How is the public notified about patent term extensions?

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 public is notified about patent term extensions through official publications:

  • Regular extensions are published in the Official Gazette of the USPTO.
  • Interim extensions under 35 U.S.C. 156(d)(5) are published in both the Official Gazette and the Federal Register.

MPEP 2759 states: “Notification of the issuance of the certificate or order of extension will be published in the Official Gazette of the United States Patent and Trademark Office. Notification of the issuance of the order granting an interim extension under 35 U.S.C. 156(d)(5), including the identity of the product currently under regulatory review, will be published in the Official Gazette of the United States Patent and Trademark Office and in the Federal Register.” This ensures transparency and public awareness of patent term extensions.

Topics: Adjustments And Extensions MPEP 2700 - Patent Terms MPEP 2759 - Certificate Of Extension Of Patent Term Patent Law Patent Procedure
Tags: Patent Eligibility