MPEP 2736
Third Party Papers

This is the Ninth Edition of the MPEP, Revision 08.2017, Last Revised in January 2018

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2736    Third Party Papers [R-07.2015]

37 C.F.R. 1.705 Patent term adjustment determination.

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Editor Note: 37 CFR 1.705(d) below includes amendments applicable only to patents granted on or after January 14, 2013. See 37 CFR 1.705(f) (pre-2013-04-01) with respect to patents granted prior to January 14, 2013.]

  • (d) 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. Any such submission or petition will be returned to the third party, or otherwise disposed of, at the convenience of the Office.

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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, and that any such submission or petition will be returned to the third party, or otherwise disposed of, at the convenience of the Office. 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 under35 U.S.C. 154(b) will be considered by the Office, and that any such submission or petition will be returned to the third party, or otherwise disposed of, at the convenience of the Office.