What is the filing date for a patent term extension application?
The filing date for a patent term extension application is determined according to 37 CFR 1.741(a). Specifically, “the filing date of an application for patent term extension is the date on which a complete application is received in the USPTO or filed pursuant to the certificate of mailing provisions of 37 CFR 1.8 or the Priority Mail Express ® provisions of 37 CFR 1.10.”
It’s important to note that the application must be complete as defined by 35 U.S.C. 156(d)(1) to establish the filing date.
To learn more:
Topics:
Adjustments,
And Extensions,
MPEP 2700 - Patent Terms,
MPEP 2754 - Filing Date,
Patent Law,
Patent Procedure