Why does the USPTO prohibit third-party submissions on patent term adjustment?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs 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. The USPTO prohibits third-party submissions on patent term adjustment to maintain the integrity and efficiency of the patent process. While MPEP 2736 doesn’t explicitly state the reasons, we can infer several potential justifications: To prevent unnecessary interference in the patent process To maintain the direct relationship between the USPTO and the patent applicant/owner To avoid potential abuse of the system by competitors or other interested parties To streamline the patent term adjustment process The policy, as stated in MPEP 2736, is clear: “No submission or petition on behalf of a third party concerning patent term adjustment under 35 U.S.C. 154(b) will be considered by the Office.” This rule ensures that patent term adjustment matters remain a bilateral issue between the USPTO and the patent applicant or owner, without external interference. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse No Third-Party Submissions for Patent Term Adjustment MPEP 2736 Third-Party Submissions Must Be Timely Filed MPEP 1134.01 Third-Party Submissions Eliminated MPEP 1134.01 Third-Party Submissions Must Be In Writing MPEP 1134.01 Required Third-Party Submissions Eliminated After September 16, 2012 MPEP 1134 Third-Party Paper Requirement for Post-2013 Patents MPEP 2736 Third-Party Submissions Must Be Filed Before Allowance Notice Or First Rejection MPEP 1134.01 Required Third-Party Submissions Must Include Specific Elements MPEP 1134.01 Required Document List for Third-Party Submissions Must Be Structured MPEP 1134.01 Required Third Party Must Provide Publication Evidence If Unknown MPEP 1134.01 Required Other Related FAQs 5 FAQs Collapse What is the legal basis for prohib...