Who can file a petition for 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. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse No Third-Party Submissions for Patent Term Adjustment MPEP 2736 Third-Party Paper Requirement for Post-2013 Patents MPEP 2736 Third Party Must Provide Publication Evidence If Unknown MPEP 1134.01 Required Third Parties Can Submit Printed Publications MPEP 1134.01 Third Party May Resubmit After Non-Compliant Submission MPEP 1134.01 Permitted Third Party May Submit Relevant Portions of Documents MPEP 1134.01 Permitted Third Party Must Provide Publication Date If Unknown MPEP 1134.01 Required Third Party Must Provide Publication Date for Non-Patent Documents MPEP 1134.01 Required Third-Party Submissions Must Be Timely Filed MPEP 1134.01 Third-Party Submissions Must Be In Writing MPEP 1134.01 Required Other Related FAQs 5 FAQs Collapse What is the legal basis for prohibiting third-party submissions on patent term adjustment? When did the rule prohibiting third-party submissions on patent term adjustment take effect? Why does the USPTO prohibit third-party submissions on patent term adjustment? Can third part...