What happens after the USPTO makes a final determination on patent term extension?
After the USPTO makes a final determination on patent term extension, the following process occurs:
- A notice is mailed to the applicant containing the determination of eligibility and the period of extension, if any.
- This notice constitutes the final determination.
- The applicant has one opportunity to request reconsideration within a specified time period.
- If no reconsideration is requested, the certificate of patent term extension will be issued.
As stated in MPEP 2755, “If no request for reconsideration is filed within the time period set in the notice of final determination, the certificate of patent term extension will be issued in due course.“
To learn more:
Topics:
Adjustments,
And Extensions,
MPEP 2700 - Patent Terms,
MPEP 2755 - Eligibility Determination,
Patent Law,
Patent Procedure