When does an interim extension granted under 35 U.S.C. 156(d)(5) terminate?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 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. An interim extension granted under 35 U.S.C. 156(d)(5) has a specific termination timeline. According to MPEP 2754.02 : “An interim extension granted under 35 U.S.C. 156(d)(5) terminates sixty days after permission for commercial marketing or use of the product is granted, except, if within the sixty-day period any additional information needed for an application for patent term extension under 35 U.S.C. 156(d)(1) is submitted, the patent may be further extended.” This means that once commercial marketing or use is approved, the patent holder has a 60-day window to either let the interim extension lapse or submit additional information to potentially extend the patent further. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Additional Information for Patent Term Extension Required Within Sixty Days MPEP 2754.02 Required Interim Extension of Patent Term Under 35 U.S.C. 156(d)(5) MPEP 2754.02 Interim Extension Terminates After Product Approval But May Be Extended With Additional Information MPEP 2754.02 Permitted First Interim Extension Application Must Be Filed Using Patent Center MPEP 2754.02 Required Interim Extension for Unapproved Product MPEP 2754.02 Required Patent Interim Extension Limit MPEP 2754.02 Subsequent Interim Extensions Must Be Filed During Specific Window MPEP 2754.02 Required Application for Patent Term Extension Must Use USPTO Electronic Filing System MPEP 2754 Required Complete Application for Patent Term Extension Required MPEP 2754 Required Filing Date for Patent Term Extension MPEP 2754 Other Related FAQs 5 FAQs Collapse What additional information is required when submitting an application for patent term extension under 35 U.S.C. 156(d)(...