What is the legal basis for prohibiting third-party submissions on 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. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse No Third-Party Submissions for Patent Term Adjustment MPEP 2736 Third-Party Paper Requirement for Post-2013 Patents MPEP 2736 Third-Party Submissions Eliminated MPEP 1134.01 Third-Party Submissions Must Be Timely Filed MPEP 1134.01 Third-Party Submissions Must Be In Writing MPEP 1134.01 Required Third-Party Submission Must Include Document List MPEP 1134.01 Required 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 Document List for Third-Party Submissions Must Be Structured MPEP 1134.01 Required Other Related FAQs 5 FAQs Collapse When did the rule prohibiting third-party submissions on patent term adjustment take effect? Why does the USPTO p...