Who can file a petition for patent term adjustment?
While MPEP 2736 does not explicitly state who can file a petition for patent term adjustment, it clearly indicates who cannot file such petitions. The section 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.”
By inference, this means that only the patent applicant or patent owner can file a petition for patent term adjustment. Third parties are expressly prohibited from doing so. If you need to file a patent term adjustment petition, you must be the applicant, the patent owner, or their authorized representative.
To learn more:
Topics:
Adjustments,
And Extensions,
MPEP 2700 - Patent Terms,
MPEP 2736 - Third - Party Papers,
Patent Law,
Patent Procedure