Who can apply for a patent term extension?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30

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 2752, the patent term extension application must be submitted by the owner of record of the patent or its agent. Specifically, 35 U.S.C. 156(d)(1) states:

“To obtain an extension of the term of a patent under this section, the owner of record of the patent or its agent shall submit an application to the Director.”

This means that the patent owner or an authorized agent acting on behalf of the patent owner can file the application for patent term extension.

Topics: Adjustments And Extensions MPEP 2700 - Patent Terms MPEP 2752 - Patent Term Extension Applicant Patent Law Patent Procedure
Tags: Correspondence General, Documents Requiring Signature, Pte Determination, Pte Products, Term Basics