MPEP § 2765 — MPEP § 2765
Current through: 2022-07-01

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

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Manual of Patent Examining Procedure 

 Chapter 2700 

 Section 2765 
 

 
 
 
 
 
 2765 Petition for Stay in Processing of Patent Term
 Extension Application [R-01.2024]
 

 Sometimes situations arise where the Office is ready to
 issue a Notice of Final Determination and grant a certificate of extension under
 35 U.S.C.
 156(e)(1) , but unresolved issues relating to the patent remain. Such
 issues could include, but are not limited to, involvement in an interference, an appeal of
 a trial decision by the Patent Trial and Appeal Board, or the filing of a reissue
 application. When such situations arise, the patent owner may want to stay the processing
 of the patent term extension application. A stay of processing of an application for patent
 term extension shall be by way of a petition under 37 CFR 1.182 . Any petition for stay can
 only be granted for a period of up to six months. The Office analogizes such petitions for
 a stay in the patent term extension proceeding under 37 CFR 1.182 to requests for staying
 action in patent applications and for deferring issuance of a patent filed under
 37 CFR
 1.103 and 37 CFR 1.314 , respectively. The
 standard for granting requests under both 37 CFR 1.103 and 37 CFR 1.314 is good
 and sufficient cause. When the patent term under 35 U.S.C. 154(a) and (b) has lapsed, or
 will lapse, for any patent(s) for which extension has been sought during any stay to be
 granted, the patent owner needs to show that justice requires the stay so requested.
 Therefore, the applicant seeking a stay in the processing of the extension application
 should provide detailed reasons why a stay is necessary. See, e.g., the petition for stay
 granted in U.S. Patent No. 8,829,165 and contrast with the petition for stay that was
 denied-in-part in U.S. Patent No. 5,196,404.
 

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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