§ 1.790 - Interim extension of patent term under 35 U.S.C. 156(d)(5).

§ 1.790 Interim extension of patent term under 35 U.S.C. 156(d)(5).

Cross Reference

Link to an amendment published at 88 FR 13033, Mar. 2, 2023.

(a) An owner of record of a patent or its agent who reasonably expects that the applicable regulatory review period, described in paragraph ( 35 U.S.C. 156(g)(1)(B)(ii), (2)(B)(ii), (3)(B)(ii), (4)(B)(ii), or (5)(B)(ii) of subsection (g) , that began for a product that is the subject of such patent may extend beyond the expiration of the patent term in effect may submit one or more applications for interim extensions for periods of up to one year each. The initial application for interim extension must be filed during the period beginning 6 months and ending 15 days before the patent term is due to expire. Each subsequent application for interim extension must be filed during the period beginning 60 days before and ending 30 days before the expiration of the preceding interim extension. In no event will the interim extensions granted under this section be longer than the maximum period of extension to which the applicant would be entitled under 35 U.S.C. 156(c).

(b) A complete Any application for interim extension under this section shall include must be filed using the USPTO patent electronic filing system in accordance with the USPTO patent electronic filing system requirements.

(c) Complete initial applications for interim extension under this section must:

(1) Be filed during the period beginning 6 months and ending 15 days before the patent term is due to expire, and include a statement that the initial application is being submitted within the period and an identification of the date of the last day on which the initial application could be submitted;

(2) Include all of the information required for a formal application under § 1.740 and a complete application under § 1.741

. Sections (

, except as follows:

(i) Paragraphs (a)(1), (

a)(

2), (

a)(

4), and (

a)(

6)

–

through (

a

15)

(17)

of

§

§§ 1.740 and

§

1.741 shall be read in the context of a product currently undergoing regulatory review

. Sections (

; and

(ii) Paragraphs (a)(3) and (

a)(

5) of § 1.740 are not applicable to an application for interim extension under this section; and

(3) Include a statement that the applicable regulatory review period, described in 35 U.S.C. 156(

c) The content of each subsequent interim extension application may be limited

g)(1)(B)(ii), (2)(B)(ii), (3)(B)(ii), (4)(B)(ii), or (5)(B)(ii), has begun for the product that is the subject of the patent.

(d) Each subsequent application for interim extension:

(1) Must be filed during the period beginning 60 days before and ending 30 days before the expiration of the preceding interim extension and include a statement that it is being submitted within the period and an identification of the date of the last day on which it could be submitted;

(2) May be limited in content to a request for a subsequent interim extension along with

a statement that the regulatory review period has not been completed along with

any materials or information required under §§ 1.740 and 1.741 that are not present in the preceding interim extension application; and

(3) Must include a statement that the applicable regulatory review period, described in 35 U.

[60 FR 25619, May 12, 1995

S.C. 156(g)(1)(B)(ii), (2)(B)(ii), (3)(B)(ii), (4)(B)(ii), or (5)(B)(ii), has not been completed.

[88 FR 13033, Mar. 2, 2023]