Can third parties challenge or comment on patent term adjustment?
Third parties are not allowed to challenge or comment on patent term adjustment, as specified in 37 CFR 1.705(d). Key points include:
- No submission or petition on behalf of a third party concerning patent term adjustment will be considered by the USPTO
- Any such submission or petition will be returned to the third party or otherwise disposed of
The MPEP explicitly states, “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. Any such submission or petition will be returned to the third party, or otherwise disposed of, at the convenience of the Office.”
To learn more:
Topics:
2000; Grounds For Adjustment,
Adjustments,
And Extensions,
MPEP 2700 - Patent Terms,
MPEP 2730 - Applications Filed On Or After May 29,
Patent Law,
Patent Procedure