Can third parties submit petitions or documents regarding patent term adjustment?
No, third parties are not allowed to submit petitions or documents concerning patent term adjustment under 35 U.S.C. 154(b). The Manual of Patent Examining Procedure (MPEP) Section 2736 clearly 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.”
This rule applies to patents granted both before and after January 14, 2013, as specified in 37 CFR 1.705(d) and the previous 37 CFR 1.705(f) (pre-2013-04-01).
To learn more:
Topics:
Adjustments,
And Extensions,
MPEP 2700 - Patent Terms,
MPEP 2736 - Third - Party Papers,
Patent Law,
Patent Procedure