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

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.

To learn more:

• patent ineligibility
• term extension dismissal
• USPTO procedure