Why does the USPTO prohibit third-party submissions on patent term adjustment?
The USPTO prohibits third-party submissions on patent term adjustment to maintain the integrity and efficiency of the patent process. While MPEP 2736 doesn’t explicitly state the reasons, we can infer several potential justifications:
- To prevent unnecessary interference in the patent process
- To maintain the direct relationship between the USPTO and the patent applicant/owner
- To avoid potential abuse of the system by competitors or other interested parties
- To streamline the patent term adjustment process
The policy, as stated in MPEP 2736, is clear:
“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 rule ensures that patent term adjustment matters remain a bilateral issue between the USPTO and the patent applicant or owner, without external interference.
To learn more:
Topics:
Adjustments,
And Extensions,
MPEP 2700 - Patent Terms,
MPEP 2736 - Third - Party Papers,
Patent Law,
Patent Procedure