Are there any exceptions to the prohibition on third-party participation in patent term extension proceedings?
While MPEP 2763 generally prohibits third-party participation in patent term extension proceedings, there is one potential exception mentioned:
“Absent an invitation from the Director, any such submission would be inappropriate.“
This suggests that the Director of the USPTO has the discretion to invite third-party submissions in exceptional circumstances. However, such invitations are likely to be rare, and the general rule remains that patent term extension proceedings are ex parte matters between the patent owner and the USPTO.
It’s important to note that while third-party participation is limited in USPTO proceedings, the public can provide input into the regulatory review period determination before the relevant regulatory agency, as stated in the MPEP: “The statute specifically provides for public input into the determination of the regulatory review period, i.e., the filing of a due diligence petition before the regulatory agency.“
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