What happens to the patent file after a Certificate of Extension is issued?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30

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.

After a Certificate of Extension is issued, several changes occur to the patent file:

  • The certificate is added to the official patent file.
  • Original papers from the extension application are transferred to the official patent file.
  • A copy of the certificate is added to the patent electronic database.
  • The patent is added to the list of extended patents on the USPTO website.

MPEP 2759 states: “All original papers from the application for patent term extension in the official file are transferred to the official patent file of the subject patent and become a part of the permanent record.” This ensures that all relevant information is consolidated in the official patent record.

Topics: Adjustments And Extensions MPEP 2700 - Patent Terms MPEP 2759 - Certificate Of Extension Of Patent Term Patent Law Patent Procedure
Tags: Patent Eligibility