###### Editorial Note on Part 1

#### Editorial Notes:

1. In Patent and Trademark Office publications and usage the part number is omitted from the numbers of §§ 1.1 to 1.352 and the numbers to the right of the decimal point correspond with the respective rule numbers.

2. For nomenclature changes to part 1, see 68 FR 14335, Mar. 25, 2003; 87 FR 68904, Nov. 17, 2022.

#### § 1.741 Complete application given a filing date; petition procedure.

(a) The filing date of an application for extension of a patent term is the date on which a complete application is received in the Office via the USPTO patent electronic filing system or filed pursuant to the procedure set forth in § 1.8(a)(1)(i)(C) and (a)(1)(ii). A complete application must include:

(1) An identification of the approved product;

(2) An identification of each Federal statute under which regulatory review occurred;

(3) An identification of the patent for which an extension is being sought;

(4) An identification of each claim of the patent which claims the approved product or a method of using or manufacturing the approved product;

(5) Sufficient information to enable the Director to determine under subsections (a) and (b) of 35 U.S.C. 156 the eligibility of a patent for extension, and the rights that will be derived from the extension, and information to enable the Director and the Secretary of Health and Human Services or the Secretary of Agriculture to determine the length of the regulatory review period; and

(6) A brief description of the activities undertaken by the marketing applicant during the applicable regulatory review period with respect to the approved product and the significant dates applicable to such activities.

(b) If an application for extension of patent term is incomplete under this section, the Office will so notify the applicant. If applicant requests review of a notice that an application is incomplete, or review of the filing date accorded an application under this section, applicant must file a petition pursuant to this paragraph accompanied by the fee set forth in § 1.17(f) within two months of the mail date of the notice that the application is incomplete, or the notice according the filing date complained of. Unless the notice indicates otherwise, this time period may be extended under the provisions of § 1.136.

[52 FR 9394, Mar. 24, 1987, as amended at 59 FR 54503, Oct. 22, 1993; 61 FR 64028, Dec. 3, 1996; 65 FR 54680, Sept. 8, 2000; 69 FR 56546, Sept. 21, 2004; 88 FR 13033, Mar. 2, 2023]

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 2 is placed in the separate grouping of parts pertaining to trademarks regulations.

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 6 is placed in the separate grouping of parts pertaining to trademarks regulations.

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 7 is placed in the separate grouping of parts pertaining to trademarks regulations.

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 1 is placed in the separate grouping of parts pertaining to patents regulations.

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 3 pertaining to both patents and trademarks is placed in the grouping pertaining to patents regulations.

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 4 is placed in the separate grouping of parts pertaining to patents regulations.

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 5 is placed in the separate grouping of parts pertaining to patents regulations.