When did the rule prohibiting third-party submissions on patent term adjustment take effect?
The rule prohibiting third-party submissions on patent term adjustment has been in effect for patents granted both before and after January 14, 2013. MPEP 2736 states:
“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.”
It further notes:
“For patents granted before January 14, 2013, 37 CFR 1.705(f) (pre‑2013‑04‑01) similarly provided 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.”
Therefore, this rule has been consistently applied regardless of the patent grant date.
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