Why are third-party submissions not allowed in patent term extension proceedings?

The exclusion of third-party submissions in patent term extension proceedings is based on several factors outlined in MPEP 2763:

• The statute provides for public input into the regulatory review period determination, but not for proceedings before the USPTO.
• The patent applicant already has a duty of disclosure to both the USPTO and the regulatory agency.
• Congress expected the process to be administratively simple.

The MPEP states:

“Absent an invitation from the Director, any such submission would be inappropriate. Accordingly, 37 CFR 1.765(d) precludes submissions to the Office by or on behalf of third parties, thereby making patent term extension proceedings in the Office an ex parte matter between the patent owner or its agent and the Office.“

This approach is designed to streamline the process and maintain its ex parte nature.

To learn more:

• Patent Term Extension
• Third-Party Submissions
• Ex Parte Proceedings
• USPTO Procedures