What is the filing window for a first application for interim extension under 35 U.S.C. 156(d)(5)?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs 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 window for a first application for interim extension under 35 U.S.C. 156(d)(5) is specified in the MPEP. According to MPEP 2754.02 : “A first application for interim extension under 35 U.S.C. 156(d)(5) (to extend the patent term before product approval) must be filed within the period beginning six months and ending fifteen days before the patent is due to expire.” This means that patent holders have a specific window of time to file their first application for interim extension, which starts 6 months before the patent’s expiration date and ends 15 days before that date. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Interim Extension of Patent Term Under 35 U.S.C. 156(d)(5) MPEP 2754.02 Interim Extension Terminates After Product Approval But May Be Extended With Additional Information MPEP 2754.02 Permitted First Interim Extension Application Must Be Filed Using Patent Center MPEP 2754.02 Required Additional Information for Patent Term Extension Required Within Sixty Days MPEP 2754.02 Required Interim Extension for Unapproved Product MPEP 2754.02 Required Patent Interim Extension Limit MPEP 2754.02 Subsequent Interim Extensions Must Be Filed During Specific Window MPEP 2754.02 Required Complete Application Requirement for Filing Date MPEP 2754 60-Day Filing Period for Complete Application MPEP 2754 Required Application for Patent Term Extension Must Use USPTO Electronic Filing System MPEP 2754 Required Other Related FAQs 5 FAQs Collapse What additional information is required when submitting an application for patent term extension under 35 U.S.C. 156(d)(1) after an interim extension? When should subsequent applications for interim extension be file...