What is the time frame for an examiner to request rehearing of a PTAB decision?
The Manual of Patent Examining Procedure (MPEP) provides a specific timeframe for examiners to request rehearing of a Patent Trial and Appeal Board (PTAB) decision. According to MPEP 1214.04:
“Such a request should normally be made within 2 months of the return of the application to the TC or the reexamination proceeding or reissue application to the CRU.”
This two-month period is the standard timeframe for examiners to submit a request for rehearing. It’s important to note that this period begins from the date the application is returned to the Technology Center (TC) or when the reexamination proceeding or reissue application is returned to the Central Reexamination Unit (CRU), not from the date of the PTAB decision itself.
Examiners should be mindful of this timeframe to ensure their request for rehearing is submitted in a timely manner.
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