What happens if multiple applications for extension are filed for the same patent?
If multiple applications for extension are filed for the same patent, the USPTO will issue the certificate of extension based on the first filed application. According to 37 CFR 1.785(a):
“If more than one application for extension of the same patent is filed, the certificate of extension of patent term, if appropriate, will be issued based upon the first filed application for extension.”
This ensures that only one extension is granted per patent, even if multiple applications are submitted.
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