What happens if a patent owner fails to elect a single product for extension when multiple applications are filed?
When a single applicant files multiple applications for patent term extension based on different products’ regulatory review periods, the USPTO provides a period (usually one month) for the patent owner to elect the product for which extension is desired. According to MPEP 2761:
“The final determination will indicate that if the patent owner fails to elect a single product within the set time period, the Office will issue a certificate of extension for the patent for a specified one of the products.”
This ensures that a decision is made even if the patent owner fails to make an election, preventing indefinite delays in the extension process.
To learn more:
Topics:
Adjustments,
And Extensions,
MPEP 2700 - Patent Terms,
MPEP 2761 - Multiple Applications For Extension Of Term Of The Same Patent Or Of Different Patents For The Same Regulatory Review Period For A Product,
Patent Law,
Patent Procedure