What is the time limit for filing a patent term extension application?
The time limit for filing a patent term extension application is specified in 35 U.S.C. 156(d)(1). According to the MPEP:
“An application for the extension of the term of a patent under 35 U.S.C. 156 must be submitted by the owner of record of the patent or its agent within the sixty-day period beginning on the date the product received permission for commercial marketing or use under the provision of law under which the applicable regulatory review period occurred for commercial marketing or use.”
The America Invents Act (AIA) clarified that if permission is transmitted after 4:30 P.M. Eastern Time on a business day or on a non-business day, the product is deemed to receive permission on the next business day. Business days are defined as Monday through Friday, excluding legal holidays under 5 U.S.C. 6103.
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