MPEP § 2710 — MPEP § 2710
Current through: 2022-07-01

2710-Term Extensions or Adjustments for Delays Within the USPTO Under 35 U.S.C. 154 
 
 

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Chapter 2700 

 Section 2710 
 

 
 
 
 
 
 2710 Term Extensions or Adjustments for Delays Within the USPTO Under
 35 U.S.C. 154 [R-07.2015]
 

 Utility and plant patents issuing on applications filed on or after June
 8, 1995, but before May 29, 2000, are eligible for the patent term extension provisions of
 former 35 U.S.C.
 154(b) and 37 CFR 1.701 . See MPEP § 2720 . Utility and
 plant patents issuing on applications filed on or after May 29, 2000 are eligible for the
 patent term adjustment provisions of 35 U.S.C. 154(b) (effective May 29,
 2000 and amended thereafter) and 37 CFR 1.702 - 1.705 . See
 MPEP
 § 2730 . See Thomas D. Sykes v. Jon W. Dudas, 
 573 F. Supp. 2d 191, 89 USPQ2d 1423 (D.D.C. 2008). 
 

 Plant and utility patents issuing on applications filed before June 8,
 1995 which have a term that is the greater of the “twenty-year term” (see
 MPEP §
 2701 ) or seventeen years from patent grant are
 not eligible for term extension or adjustment due to delays in
 processing the patent application by the United States Patent and Trademark Office. 
 

 Since the term of a design patent is not affected by the length of time
 prosecution takes place, there are no patent term adjustment provisions for design patents.
 The term “design patents” includes patents issued from design applications filed under
 35 U.S.C.
 111 and international design applications filed under
 35 U.S.C.
 385 .
 

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 2701-Patent Term 

 2702-2709-[Reserved] 

 2710-Term Extensions or Adjustments for Delays Within the USPTO Under 35 U.S.C. 154 

 2711-2719-[Reserved] 

 2720-Applications Filed Between June 8, 1995, and May 28, 2000 

 2721-2729-[Reserved] 

 2730-Applications Filed on or After May 29, 2000; Grounds for Adjustment 

 2731-Period of Adjustment 

 2732-Reduction of Period of Adjustment of Patent Term 

 2733-Patent Term Adjustment Determination 

 2734-Application for Patent Term Adjustment; Due Care Showing 

 2735-[Reserved] 

 2736-Third-Party Papers 

 2737-2749-[Reserved] 

 2750-Patent Term Extension for Delays at other Agencies under 35 U.S.C. 156 

 2751-Eligibility Requirements 

 2752-Patent Term Extension Applicant 

 2753-Application Contents 

 2754-Filing Date 
 2754.01-Deadline for Filing an Application Under 35 U.S.C. 156(d)(1) 

 2754.02-Filing Window for an Application Under 35 U.S.C. 156(d)(5) 

 2754.03-[Removed and Reserved] 

 
 

 2755-Eligibility Determination 
 2755.01-Interim Extension of Patent Term During the Processing of the Application 

 2755.02-Interim Extension of Patent Term Before Product Approval 

 
 

 2756-Correspondence Between the USPTO and the Regulatory Agency 

 2757-Regulatory Agency Determination of the Length of the Regulatory Review Period 
 2757.01-Due Diligence Determination 

 
 

 2758-Notice of Final Determination - Calculation of Patent Term Extension 

 2759-Certificate of Extension of Patent Term 

 2760-Trade Secret, Confidential, and Protective Order Material 

 2761-Multiple Applications for Extension of Term of the Same Patent or of Different Patents for the Same Regulatory Review Period
 for a Product 

 2762-Duty of Disclosure in Patent Term Extension Proceedings 
 2762.01-Duty of Disclosure When a Terminal Disclaimer is Filed During Patent Term Extension Proceedings 

 
 

 2763-Limitation of Third-Party Participation 

 2764-Express Withdrawal of Application for Extension of Patent Term 

 2765-Petition for Stay in Processing of Patent Term Extension Application 

 2766-Processing of Patent Term Extension Applications When Reissue Has Been Filed 

 

 

 
 

 
 
 

 
 

 

 
 
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 Last Modified: 
 
 03/09/2026 20:49:40