What is the limitation on third-party participation in patent term extension proceedings?
According to MPEP 2763, third-party participation in patent term extension proceedings is significantly limited. The section states:
“No submission on behalf of third parties, in the form of protests or otherwise, will be considered by the Office. Any such submissions by third parties to the Office will be returned to the party making the submission, or otherwise disposed of, without consideration by the Office.“
This means that the patent term extension process is essentially an ex parte matter between the patent owner (or their agent) and the United States Patent and Trademark Office (USPTO).
To learn more:
Topics:
Adjustments,
And Extensions,
MPEP 2700 - Patent Terms,
MPEP 2763 - Limitation Of Third - Party Participation,
Patent Law,
Patent Procedure