What happens if a patent owner fails to elect a single product for extension when multiple applications are filed?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 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. 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. Other Related FAQs 5 FAQs Collapse Are interim extensions allowed for multiple patents based on the same regulatory review period? What happens if multiple applications for extension are filed for the same patent? How are multiple applications for extension of different patents based on the same regulatory review period handled? Can multiple patents be extended for the same regulatory review period? What&#8217;s the difference between withdrawing a patent term extension application and responding to an election requirement?