What information must be included in a patent term extension application?

According to 35 U.S.C. 156(d)(1), a patent term extension application must contain the following information:

• The identity of the approved product and the Federal statute under which regulatory review occurred
• The identity of the patent for which an extension is being sought and the relevant claims
• Information to determine eligibility for extension and the rights derived from it
• A brief description of activities undertaken during the regulatory review period
• Such patent or other information as the Director may require

These requirements ensure that the USPTO has all necessary information to evaluate the extension request and determine the appropriate length of the extension.

Application for Patent Term Extension Must Be Submitted by Owner or Agent and Comply with §1.740 Requirements MPEP 2752 Required
Application for Patent Term Extension Must Be Filed by Owner or Agent MPEP 2752 Required
Power of Attorney Required for Registered Practitioner MPEP 2752 Recommended
Power of Attorney for Patent Term Extension MPEP 2752 Permitted
Limited Power of Attorney Required for Patent Term Extension Application MPEP 2752 Informative