MPEP § 2736 — MPEP § 2736
Current through: 2022-07-01

2736-Third-Party Papers 
 
 

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Manual of Patent Examining Procedure 

 Chapter 2700 

 Section 2736 
 

 
 
 
 
 
 2736 Third-Party Papers [R-07.2015]

 [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.] 

 
 37 CFR 1.705 Patent term adjustment determination. 

 *****

 
 (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.
 

 
 

 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 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.
 

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 2701-Patent Term 

 2702-2709-[Reserved] 

 2710-Term Extensions or Adjustments for Delays Within the USPTO Under 35 U.S.C. 154 

 2711-2719-[Reserved] 

 2720-Applications Filed Between June 8, 1995, and May 28, 2000 

 2721-2729-[Reserved] 

 2730-Applications Filed on or After May 29, 2000; Grounds for Adjustment 

 2731-Period of Adjustment 

 2732-Reduction of Period of Adjustment of Patent Term 

 2733-Patent Term Adjustment Determination 

 2734-Application for Patent Term Adjustment; Due Care Showing 

 2735-[Reserved] 

 2736-Third-Party Papers 

 2737-2749-[Reserved] 

 2750-Patent Term Extension for Delays at other Agencies under 35 U.S.C. 156 

 2751-Eligibility Requirements 

 2752-Patent Term Extension Applicant 

 2753-Application Contents 

 2754-Filing Date 
 2754.01-Deadline for Filing an Application Under 35 U.S.C. 156(d)(1) 

 2754.02-Filing Window for an Application Under 35 U.S.C. 156(d)(5) 

 2754.03-[Removed and Reserved] 

 
 

 2755-Eligibility Determination 
 2755.01-Interim Extension of Patent Term During the Processing of the Application 

 2755.02-Interim Extension of Patent Term Before Product Approval 

 
 

 2756-Correspondence Between the USPTO and the Regulatory Agency 

 2757-Regulatory Agency Determination of the Length of the Regulatory Review Period 
 2757.01-Due Diligence Determination 

 
 

 2758-Notice of Final Determination - Calculation of Patent Term Extension 

 2759-Certificate of Extension of Patent Term 

 2760-Trade Secret, Confidential, and Protective Order Material 

 2761-Multiple Applications for Extension of Term of the Same Patent or of Different Patents for the Same Regulatory Review Period
 for a Product 

 2762-Duty of Disclosure in Patent Term Extension Proceedings 
 2762.01-Duty of Disclosure When a Terminal Disclaimer is Filed During Patent Term Extension Proceedings 

 
 

 2763-Limitation of Third-Party Participation 

 2764-Express Withdrawal of Application for Extension of Patent Term 

 2765-Petition for Stay in Processing of Patent Term Extension Application 

 2766-Processing of Patent Term Extension Applications When Reissue Has Been Filed 

 

 

 
 

 
 
 

 
 

 

 
 
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 Last Modified: 
 
 03/09/2026 20:49:41