What types of patents are eligible for patent term extension?

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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. Patents eligible for extension under 35 U.S.C. 156 include those that: Claim a product as defined in 35 U.S.C. 156(f)(1) Claim a method of using such a product Claim a method of manufacturing such a product The product must be one of the following: A human drug product A medical device A food additive A color additive An animal drug A veterinary biological product Additionally, the patent must meet all other conditions and requirements specified in the statute. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Eligibility Requirements for Patent Term Extension MPEP 2751 Permitted Requirements for Patent Term Extension MPEP 2751 Permitted Eligible Patents for Extension Must Claim Products or Methods MPEP 2751 Required Definition of Drug Product for Patent Term Extension MPEP 2751 Permitted Patent Term Extension Valid If Patent Otherwise Valid MPEP 2751 Definition of Product for Patent Term Extension MPEP 2751 No Patent Term Extension for Same Review Period MPEP 2751 Definition of Product for Patent Term Extension MPEP 2751 Interim Extension Under 35 U.S.C. 156(e)(2) MPEP 2751 Interim Extension Under 35 U.S.C. 156(d)(5) MPEP 2751 Other Related FAQs 5 FAQs Collapse What conditions must be met for a patent to qualify for term extension? Are design patents eligible for patent term adjustment? How does the &#8220;first permitted marketing or use&#8221; requirement affect patent term extension eligibility? What are the specific eligibility requirements for patent term adjustment? What is considered a &#8220;product&#8221; for patent term extension purposes?