What are the consequences of not providing requested information for a patent term extension application?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29

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.

Failing to provide requested information for a patent term extension application can have serious consequences. According to MPEP 2755:

The failure to provide a response within the time period provided may result in a final determination adverse to the granting of an extension of patent term unless the response period is extended.

Furthermore, the MPEP states that “The intentional failure to provide the information requested may result in an adverse final determination.” This means that if an applicant deliberately withholds requested information, it could lead to a denial of the patent term extension. It’s crucial for applicants to respond promptly and thoroughly to any requests for additional information from the USPTO to avoid negative outcomes in their patent term extension applications.

Topics: Adjustments And Extensions MPEP 2700 - Patent Terms MPEP 2755 - Eligibility Determination Patent Law Patent Procedure
Tags: extension of time, Patent Eligibility, Pte Determination