What is the Notice of Final Determination in patent term extension?
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 Notice of Final Determination is a document issued by the USPTO after reviewing the regulatory agency’s information and calculating the eligible length of patent term extension. According to MPEP 2758, this notice:
- States the length of extension for which the application is eligible
- Provides the calculations used to determine the extension length
- Gives the applicant a period (usually one month) to request reconsideration
- May include text similar to: “A determination has been made that U.S. Patent No. ___, which claims the human drug ___, is eligible for patent term extension under 35 U.S.C. 156. The period of extension has been determined to be ___.”
If the patent is found ineligible, a Determination of Ineligibility is issued instead, explaining the basis for dismissal.
Topics:
Adjustments
And Extensions
MPEP 2700 - Patent Terms
MPEP 2758 - Notice Of Final Determination - Calculation Of Patent Term Extension
Patent Law
Patent Procedure