What is the legal basis for prohibiting third-party submissions on patent term adjustment?

The legal basis for prohibiting third-party submissions on patent term adjustment is rooted in both statutory law and USPTO regulations. MPEP 2736 cites the following:

“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.”

This means that the prohibition is based on:

• 35 U.S.C. 154(b)(4)(B) – The statutory law governing patent term adjustment
• 37 CFR 1.705(d) – The USPTO regulation implementing this law

These legal provisions ensure that patent term adjustment matters remain between the USPTO and the patent applicant or owner, without third-party interference.

To learn more:

• patent term adjustment
• legal basis
• USPTO regulations
• patent law