What types of products are eligible for patent term extension?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29
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.
According to MPEP 2750, the following types of products are eligible for patent term extension under 35 U.S.C. 156:
- Human drugs
- Food or color additives
- Medical devices
- Animal drugs
- Veterinary biological products
It’s important to note that “Animal drug products which are primarily manufactured through biotechnology are excluded from the provisions of patent term extension.”
Topics:
Adjustments
And Extensions
MPEP 2700 - Patent Terms
MPEP 2750 - Patent Term Extension For Delays At Other Agencies Under 35 U.S.C. 156
Patent Law
Patent Procedure