What is the legal basis for granting a petition for stay in a patent term extension application?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 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 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Petition for Staying Patent Term Extension Processing MPEP 2765 Petition for Stay of Patent Term Extension Processing Limited to Six Months MPEP 2765 Permitted Petition for Staying Patent Term Extension Processing MPEP 2765 Permitted Petition Required for Staying Patent Term Extension Processing MPEP 2765 Required Petition for Stay Required When Patent Term Lapsed MPEP 2765 Recommended Standard for Granting Stay Requests MPEP 2765 Notification of Patent Term Extension Eligibility MPEP 2755 Length of Patent Term Extension Determined by Regulatory Review Period MPEP 2758 Interim Patent Term Extension Processed by Office of Legal Administration MPEP 2755.02 Required Patent Term Extension for Utility and Plant Patents Issued Between June 8, 1995, and May 29, 2000 MPEP 2710 Permitted Other Related FAQs 5 FAQs Collapse How long can a stay be granted for a patent term extension application? No more FAQs available for MPEP 2765 What is a petition for stay in processing of a patent term ...