MPEP § 2759 — MPEP § 2759
Current through: 2022-07-01

2759-Certificate of Extension of Patent Term 
 
 

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Manual of Patent Examining Procedure 

 Chapter 2700 

 Section 2759 
 

 
 
 
 
 
 2759 Certificate of Extension of Patent Term [R-01.2024]

 
 35 U.S.C. 156 
 Extension of patent term. 

 *****

 
 (e)
 
 (1) A determination that a patent is eligible for extension
 may be made by the Director solely on the basis of the representations
 contained in the application for the extension. If the Director determines
 that a patent is eligible for extension under subsection (a) and that the
 requirements of paragraphs (1) through (4) of subsection (d) have been
 complied with, the Director shall issue to the applicant for the extension
 of the term of the patent a certificate of extension, under seal, for the
 period prescribed by subsection (c). Such certificate shall be recorded in
 the official file of the patent and shall be considered as part of the
 original patent.
 

 
 

 
 *****

 

 
 37 CFR 1.780 Certificate or order of extension of patent term. 

 If a determination is made pursuant to § 1.750 that a
 patent is eligible for extension and that the term of the patent is to be extended, a
 certificate of extension, under seal, or an order granting interim extension under
 35 U.S.C.
 156(d)(5) , will be issued to the applicant for the extension of
 the patent term. Such certificate or order will be recorded in the official file of the
 patent and will be considered as part of the original patent. Notification of the
 issuance of the certificate or order of extension will be published in the
 Official Gazette of the United States Patent and Trademark Office. 
 Notification of the issuance of the order granting an interim extension under
 35 U.S.C.
 156(d)(5) , including the identity of the product currently under
 regulatory review, will be published in the Official Gazette of the United
 States Patent and Trademark Office and in the Federal Register. No certificate
 of, or order granting, an extension will be issued if the term of the patent cannot be
 extended, even though the patent is otherwise determined to be eligible for extension.
 In such situations, the final determination made pursuant to § 1.750 will
 indicate that no certificate or order will issue.
 

 

 Once a determination is made pursuant to 37 CFR 1.750 that a
 patent is eligible for extension of its term, a certificate of extension, under seal, will
 be issued to the patent owner. Following the one-month period provided in the Notice of
 Final Determination, the certificate of extension is prepared and signed by the Director.
 Upon issuance of the certificate of extension, the file wrapper available in the USPTO
 patent electronic filing system will include an image of the certificate of extension. A
 courtesy copy of the certificate is sent to the regulatory agency.
 

 All original papers from the application for patent term extension in the
 official file are transferred to the official patent file of the subject patent and become
 a part of the permanent record. A copy of the certificate of extension of patent term is
 added to the patent electronic database as part of the patent record in the same manner as
 is a certificate of correction or a terminal disclaimer. The patent is also added to the
 list of patents extended under 35 U.S.C. 156 , a copy of which is
 posted on the USPTO website ( www.uspto.gov ) and updated as needed.
 

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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 20:50:50