What is the filing date for a patent term extension application?
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.
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.
Topics:
Adjustments
And Extensions
MPEP 2700 - Patent Terms
MPEP 2754 - Filing Date
Patent Law
Patent Procedure