What happens if a patent term extension application is incomplete?
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 term extension application does not meet all the formal requirements of 37 CFR 1.740(a), the applicant will be notified of the informalities. The applicant then has two options:
- Seek to have the holding reviewed under 37 CFR 1.740(c)
- Correct the informality
It’s important to note that “if the application satisfies the requirements of 37 CFR 1.741, the application filing date will have been established even if the application is held to be informal under 37 CFR 1.740.” This means that while there may be informalities, the critical filing date can still be secured if the application meets the basic requirements for completeness.