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2765 Petition for Stay in Processing of Patent Term Extension Application

MPEP SECTION SUMMARY Sometimes situations arise where the Office is ready to issue a Notice of Final Determination and grant a certificate of extension, but unresolved issues relating to the patent remain. This section covers those situations.

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. 

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