What is the legal basis for granting a petition for stay in a patent term extension application?
The legal basis for granting a petition for stay in a patent term extension application is found in 37 CFR 1.182. According to MPEP 2765:
“The Office analogizes such petitions for a stay in the patent term extension proceeding under 37 CFR 1.182 to requests for staying action in patent applications and for deferring issuance of a patent filed under 37 CFR 1.103 and 37 CFR 1.314, respectively.”
The standard for granting these requests is “good and sufficient cause.” Additionally, when the patent term under 35 U.S.C. 154(a) and (b) has lapsed or will lapse during the requested stay, the patent owner must show that justice requires the stay.
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Topics:
Adjustments,
And Extensions,
MPEP 2700 - Patent Terms,
MPEP 2765 - Petition For Stay In Processing Of Patent Term Extension Application,
Patent Law,
Patent Procedure