What happens if a third party submits information regarding a patent term extension proceeding?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

According to MPEP 2763, any submissions made by third parties regarding patent term extension proceedings will not be considered by the USPTO. The section clearly states:

“Submissions by third parties not requested by the Office will be returned, or otherwise disposed of, without consideration.“

This policy is enforced to maintain the ex parte nature of the proceedings and to adhere to the administrative simplicity intended by Congress. The USPTO will either return such submissions to the submitting party or dispose of them without review, ensuring that they do not influence the patent term extension process.