What is an interim extension of patent term?
An interim extension of patent term is a temporary extension granted by the Director of the USPTO under 35 U.S.C. 156(e)(2) when a patent’s term would expire before a final decision on a patent term extension application can be made. As stated in the MPEP:
“If the term of a patent for which an application has been submitted under subsection (d)(1) would expire before a certificate of extension is issued or denied under paragraph (1) respecting the application, the Director shall extend, until such determination is made, the term of the patent for periods of up to one year if he determines that the patent is eligible for extension.“
This allows the patent to remain in force while the extension application is being processed.
To learn more:
Topics:
Adjustments,
And Extensions,
MPEP 2700 - Patent Terms,
MPEP 2755.01 - Interim Extension Of Patent Term During The Processing Of The Application,
Patent Law,
Patent Procedure