What happens if a patent is determined to be ineligible for extension after an interim extension has been granted?

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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. If a patent is determined to be ineligible for extension after an interim extension has been granted, the interim extension may be revoked. According to MPEP 2755.01 : “ Where an interim extension has been granted and it is subsequently determined that the patent is not eligible for patent term extension, the interim extension may be vacated ab initio as ineligible under 35 U.S.C. 156(e)(2). “ The MPEP cites the case of In re Reckitt, 230 USPQ at 370, as a precedent for this action. This means that if a patent is found to be ineligible for extension, any interim extension that was granted can be retroactively cancelled, as if it had never been granted in the first place. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Interim Extension of Patent Term Is Discretionary Up to One Year MPEP 2755.01 Interim Extension May Be Vacated If Patent Not Eligible for PTE MPEP 2755.01 Permitted Notification of Patent Term Extension Eligibility MPEP 2755 Fee for Interim Patent Term Extension MPEP 2755.02 Interim Extension Cannot Extend Patent Term Beyond Eligible Period MPEP 2755.01 Interim Patent Term Extension During Processing MPEP 2755.01 Permitted Interim Patent Term Extension Processed by Office of Legal Administration MPEP 2755.02 Required Request for Interim Patent Term Extension Before Expiration MPEP 2755.01 Recommended Interim Patent Term Extension Best Practice MPEP 2755.01 Permitted No Interim Extension for Non-Eligible PTE Patent MPEP 2755.01 Other Related FAQs 5 FAQs Collapse What happens if FDA approval is received during an interim extension? How long can an interim extension last? What is the deadline for filing an application for interim extension? How long d...