What additional information might the USPTO require for patent term extension applications?
The USPTO may require additional information from applicants for patent term extension applications. According to MPEP 2755:
“The Director or other appropriate officials may require from applicant further information or make such independent inquiries as desired before a final determination is made on whether a patent is eligible for extension.“
If further information is required, the USPTO will provide a time period for the applicant to respond. Failure to respond within the given time frame may result in an adverse final determination. It’s important to note that under certain circumstances, especially if time is of the essence, the USPTO may state that the provisions of 37 CFR 1.136(a) for extending the response period are not available.
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