What should an applicant do if they disagree with the patent term extension information printed on the patent?
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.
If an applicant disagrees with the patent term extension information printed on the front page of the patent, they can request a review. According to MPEP 2720:
“If applicant disagrees with the patent term extension information printed on the front page of the patent, applicant may request review by way of a petition under 37 CFR 1.181. If the petition is granted, a Certificate of Correction pursuant to 37 CFR 1.322 will be issued.“
This process allows applicants to seek correction of any errors in the patent term extension information through official channels. If the petition is successful, a Certificate of Correction will be issued to rectify the information on the patent.