When should a request for interim extension be filed?
According to 37 CFR 1.760, as cited in MPEP 2755.01:
“Any such request should be filed at least three months prior to the expiration date of the patent.“
However, the MPEP clarifies that this time frame is not mandatory:
“While 37 CFR 1.760 provides that a request for an interim extension by the applicant ‘should’ be filed three months prior to the expiration of the patent, this time frame is not mandatory. Any request filed within a shorter period of time will be considered, upon a proper showing, where it is not possible to make an earlier request.”
It’s important to note that for an interim extension to be granted, the application for extension must have been filed prior to the expiration date of the patent.
To learn more:
Topics:
Adjustments,
And Extensions,
MPEP 2700 - Patent Terms,
MPEP 2755.01 - Interim Extension Of Patent Term During The Processing Of The Application,
Patent Law,
Patent Procedure