The USPTO has issued proposed rules to make permanent a
Covid-19-related change in the manner in which applications for
patent term extension under 35 USC § 156 are to be filed.
While the Covid-19-related changes permitted electronic or
paper filing, the proposed rule changes would require electronic
filing.
PTE Under 35 USC § 156
Patent term extension (PTE) is part of the Hatch-Waxman scheme
that provides for extension of patent term when the patented
subject matter required FDA approval prior to marketing and the FDA
approval process was not completed until after the patent granted.
The basic PTE provision is set forth in § 156(a), which
provides:
(a)The term of a patent which claims
a product, a method of using a product, or a method of
manufacturing a product shall be extended in accordance with this
section from the original expiration date of the patent, which
shall include any patent term adjustment granted under section
154(b), if— ...
