MPEP § 2736 — Third-Party Papers (Annotated Rules)
§2736 Third-Party Papers
This page consolidates and annotates all enforceable requirements under MPEP § 2736, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Third-Party Papers
This section addresses Third-Party Papers.
Key Rules
PTAB Contested Case Procedures
[Editor Note: 37 CFR 1.705(d) below includes amendments applicable only to patents granted on or after January 14, 2013. See 37 CFR 1.705(f) (pre-2013-04-01) with respect to patents granted prior to January 14, 2013.]
Request for Reconsideration of PTA
For patents granted on or after January 14, 2013, 37 CFR 1.705(d) implements the provisions of 35 U.S.C. 154(b)(4)(B) and provides that 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, and that any such submission or petition will be returned to the third party, or otherwise disposed of, at the convenience of the Office. For patents granted before January 14, 2013, 37 CFR 1.705(f) (pre‑2013‑04‑01) similarly provided that 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, and that any such submission or petition will be returned to the third party, or otherwise disposed of, at the convenience of the Office.
Citations
| Primary topic | Citation |
|---|---|
| Request for Reconsideration of PTA | 35 U.S.C. § 154(b) |
| Request for Reconsideration of PTA | 35 U.S.C. § 154(b)(4)(B) |
| PTAB Contested Case Procedures Request for Reconsideration of PTA | 37 CFR § 1.705(d) |
| PTAB Contested Case Procedures Request for Reconsideration of PTA | 37 CFR § 1.705(f) |
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 2736 — Third-Party Papers
Source: USPTO2736 Third-Party Papers [R-07.2015]
[Editor Note: 37 CFR 1.705(d) below includes amendments applicable only to patents granted on or after January 14, 2013. See 37 CFR 1.705(f) (pre-2013-04-01) with respect to patents granted prior to January 14, 2013.]
37 CFR 1.705 Patent term adjustment determination.
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- (d) 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.
For patents granted on or after January 14, 2013, 37 CFR 1.705(d) implements the provisions of 35 U.S.C. 154(b)(4)(B) and provides that 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, and that any such submission or petition will be returned to the third party, or otherwise disposed of, at the convenience of the Office. For patents granted before January 14, 2013, 37 CFR 1.705(f) (pre‑2013‑04‑01) similarly provided that 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, and that any such submission or petition will be returned to the third party, or otherwise disposed of, at the convenience of the Office.