MPEP § 2763 — MPEP § 2763
Current through: 2022-07-01

2763-Limitation of Third-Party Participation 
 
 

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Manual of Patent Examining Procedure 

 Chapter 2700 

 Section 2763 
 

 
 
 
 
 
 2763 Limitation of Third-Party Participation [R-08.2012]

 
 37 CFR 1.765 Duty of disclosure in patent term extension proceedings. 

 *****

 
 (d) The duty of disclosure pursuant to this section rests on the
 individuals identified in paragraph (a) of this section and no submission on
 behalf of third parties, in the form of protests or otherwise, will be considered
 by the Office. Any such submissions by third parties to the Office will be
 returned to the party making the submission, or otherwise disposed of, without
 consideration by the Office.
 

 
 

 Although the statute specifically provides for public input into the
 determination of the regulatory review period, i.e., the filing of a due diligence petition
 before the regulatory agency, no such provision was made for proceedings before the Office.
 Since applicant already has a duty of disclosure to both the Office and the regulatory
 agency, and Congress expected that it would be an administratively simple proceeding, no
 input from third parties is permitted. 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. Submissions by third parties not requested by the Office will be
 returned, or otherwise disposed of, without consideration. See In re
 Dubno, 12 USPQ2d 1153, 1154 (Comm’r Pat. & Tm. 1989).
 

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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 20:50:50