What is the Notice of Final Determination in patent term extension?
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.
To learn more:
Topics:
Adjustments,
And Extensions,
MPEP 2700 - Patent Terms,
MPEP 2758 - Notice Of Final Determination - Calculation Of Patent Term Extension,
Patent Law,
Patent Procedure