How can a party request an extension of time for seeking judicial review?

According to MPEP 1216, parties can request an extension of time for seeking judicial review under specific circumstances. The process is governed by 37 CFR 90.3(c), which states:

The Director may extend the time (A) for good cause if requested before the expiration of the time provided for initiating judicial review or (B) upon a showing of excusable neglect in failing to initiate judicial review if requested after the expiration of the time period.

To request an extension:

  • Address or serve the request as provided in 37 CFR 104.2
  • Optionally, provide a copy to the Office of the Solicitor to expedite handling

It’s important to note that regular extensions under 37 CFR 1.136(a) or (b) are not available for this purpose once a decision or decision on rehearing has been entered.

To learn more:

Tags: excusable neglect, extension of time, good cause, judicial review, patent appeal