What happens if a patent is determined to be ineligible for term extension?

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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 the USPTO determines that a patent is ineligible for term extension during the preliminary review process, the following action is taken: The MPEP clearly states: “In the interest of efficiency, if the patent is determined to be ineligible for patent term extension, the Office will dismiss the application rather than request a determination of the regulatory review period.” This means that: The USPTO will not proceed with requesting a determination of the regulatory review period from the relevant agency. The patent term extension application will be dismissed. The applicant will be notified of the dismissal and the reasons for ineligibility. This approach allows the USPTO to conserve resources and avoid unnecessary steps in cases where a patent does not meet the basic eligibility criteria for term extension. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Regulatory Agency Assistance for Patent Term Extension Determinations MPEP 2756 Preliminary Eligibility for Patent Term Extension Determined After Agency Reply MPEP 2756 Cooperation Agreement for Patent Term Extension Determinations MPEP 2756 Patent Term Extension Applicant Receives Office-Regulatory Agency Correspondence MPEP 2756 Ineligible Patent Term Extension Dismisses Application MPEP 2756 Request for Regulatory Review Period After Eligibility Determination MPEP 2756 Request for Regulatory Review Period Determination After Eligibility MPEP 2756 Preliminary Eligibility Decision for Patent Term Extension MPEP 2756 Compare Regulatory Agency Info with Application MPEP 2756 Regulatory Agency Reply Determines PTE Eligibility MPEP 2756 Other Related FAQs 5 FAQs Collapse What is the role of the FDA in the pat...