What additional information might the USPTO require for patent term extension applications?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 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 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Notification of Patent Term Extension Eligibility MPEP 2755 Request for Extension of Response Period Allowed MPEP 2755 Permitted Time to Respond Required When Further Information Needed MPEP 2755 Required Failure to Respond Adversely Affects PTE Eligibility MPEP 2755 Permitted Interim Patent Term Extension During Processing MPEP 2755.01 Permitted Interim Patent Term Extension Processed by Office of Legal Administration MPEP 2755.02 Required Final PTE Eligibility Determination MPEP 2755 Required Request for Interim Patent Term Extension Before Expiration MPEP 2755.01 Recommended Director Can Request Additional Info Before Patent Extension Determination MPEP 2755 Permitted Interim Patent Term Extension During Processing MPEP 2755.01 Other Related FAQs 5 FAQs Collapse What are the consequences of not providing requested information for a patent term extension application? How is...