Can third parties challenge or comment on patent term adjustment?

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.

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.”