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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Topics: Adjustments, And Extensions, MPEP 2700 - Patent Terms, MPEP 2736 - Third - Party Papers, Patent Law, Patent Procedure
Tags: patent law history, patent term adjustment, third-party submissions, USPTO rules