Patent Term Extension Update: Proposed Rules to Allow Electronic Submission

To potentially permit electronic filing of Patent Term Extension (PTE) applications, the USPTO published a new proposed rule today. If implemented, this rule would reduce the physical difficulty in applying to extend terms for patents on regulated products such as pharmaceuticals and medical devices.

PTE allows patent owners to obtain up to five years of additional patent term to compensate for patent term lost due to regulatory review for their human drug products, medical device products, animal drug products, veterinary biological products, or food or color additive products. Before COVID-19 became widespread in the United States, the USPTO required patent owners to file initial applications for PTE by physical mail or hand delivery.

About two years ago, we reported that the USPTO would temporarily allow electronically-filed initial PTE application submissions in view of the COVID-19 outbreak. Now, the USPTO has proposed a rule to allow such submissions on a permanent basis. The USPTO will accept comments on the proposed rule until July 5, 2022.