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MPEP Section 2754.03, Filing of a Request for an Extension Under 35 U.S.C.

Executive summary:

This document contains Section 2754.03 ("Filing of a Request for an Extension Under 35 U.S.C.") of the Manual of Patent Examining Procedure (the "M.P.E.P."), Eighth Edition, Eighth Revision (July 2010). This page was last updated in January 2011. You may return to the section index to find a particular section. Alternatively, you may search the MPEP using the search box that appears on the left side of every page of BitLaw--you may restrict your search to the MPEP on the search results page.

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2754.03 Filing of a Request for an Extension Under 35 U.S.C. 156(e)(2)

A request for an interim extension under 35 U.S.C. 156(e)(2) (to extend the patent term during the processing of the patent term extension application) should be made at least three months before the patent is due to expire. See MPEP § 2755.01 for information pertaining to the interim extension of patent term under 35 U.S.C. 156(e)(2).