FDA will determine the regulatory review period for a product within 30 days of the receipt of a written request from PTO for such a determination and a copy of the patent term restoration application.
FDA may extend the 30-day period if:
A related FDA action that may affect the regulatory review period determination is pending; or
PTO requests that FDA temporarily suspend the determination process; or
PTO or FDA receives new information about the product that warrants an extension of the time required for the determination of the regulatory review period.
This section does not apply to applications withdrawn by the applicant or applications that PTO determines are ineligible for patent term restoration.
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