How long does an interim extension last?
How long does an interim extension last?
According to MPEP 2755.01, the duration of an interim extension is limited: “An interim extension granted under 35 U.S.C. 156(e)(2) terminates at the earlier of the expiration of the 60-day period beginning on the date on which the product involved receives permission for commercial marketing or use, or the expiration of the patent.” This means that the interim extension can last up to 60 days after FDA approval or until the patent expires, whichever comes first.
To learn more:
Topics:
Adjustments,
And Extensions,
MPEP 2700 - Patent Terms,
MPEP 2755.01 - Interim Extension Of Patent Term During The Processing Of The Application,
Patent Law,
Patent Procedure