What is the deadline for filing a patent term extension application under 35 U.S.C. 156(d)(1)?
The deadline for filing a patent term extension application under 35 U.S.C. 156(d)(1) is within a 60-day period that begins on the date the product received permission for commercial marketing or use. According to the MPEP 2754.01:
“An application for patent term extension under 35 U.S.C. 156(d)(1) may only be filed within the sixty-day period beginning on the date the product received permission under the provision of law under which the applicable regulatory review period occurred for commercial marketing or use.”
It’s important to note that this statutory time period is strict and cannot be extended, waived, or excused.
To learn more:
Topics:
Adjustments,
And Extensions,
MPEP 2700 - Patent Terms,
MPEP 2754.01 - Deadline For Filing An Application Under 35 U.S.C. 156(D)(1),
Patent Law,
Patent Procedure