What are the time limits for filing a notice of appeal to the Federal Circuit?
The time limits for filing a notice of appeal to the Federal Circuit are specified in MPEP 1216.01:
“For a notice of appeal to be considered timely filed in the U.S. Patent and Trademark Office, it must: (A) actually reach the U.S. Patent and Trademark Office within the time specified in 37 CFR 90.3 (including any extensions) or (B) be mailed within the time specified in 37 CFR 90.3 (including any extensions) by Priority Mail Express® in accordance with 37 CFR 1.10.”
Additionally, 35 U.S.C. 142 states that the notice of appeal must be filed “within such time after the date of the decision from which the appeal is taken as the Director prescribes, but in no case less than 60 days after that date.”
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