What happens if a third party submits a petition regarding patent term adjustment?

Question

Accepted Answer

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. If a third party submits a petition or any document concerning patent term adjustment, the United States Patent and Trademark Office (USPTO) will not consider it. According to MPEP 2736 : “Any such submission or petition will be returned to the third party, or otherwise disposed of, at the convenience of the Office.” This means that the USPTO will either return the submission to the third party or dispose of it as they see fit. The Office is not obligated to process or review these submissions in any way. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse No Third-Party Submissions for Patent Term Adjustment MPEP 2736 Time Limits for Third-Party Submissions in Applications MPEP 1134.01 Required Required Content for Third-Party Submissions in Applications 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 Third-Party Submissions Eliminated MPEP 1134.01 Third-Party Paper Requirement for Post-2013 Patents MPEP 2736 Third-Party Submissions Eliminated After September 16, 2012 MPEP 1134 Third-Party Submissions Must Be Filed Before Allowance Notice Or First Rejection MPEP 1134.01 Required Third-Party Submissions Must Include Specific Elements 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 parties submit petitions or documents regarding patent term adjustment? Who can file a petition for patent term adj...