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
Tags: Patent Law Reasoning, patent term adjustment, third-party submissions, USPTO policy