Does filing a petition stay other proceedings or extend reply periods?
No, filing a petition does not automatically stay other proceedings or extend reply periods. The MPEP clearly states:
“The mere filing of a petition will not stay the period for replying to an examiner’s action which may be running against an application, nor act as a stay of other proceedings (37 CFR 1.181(f)).”
For example, if a petition to vacate a final rejection is filed within the two-month period, it does not extend the time to respond to the final rejection. However, if the petition is granted and the applicant has filed a full reply within the original period, the case is not considered abandoned.
It’s crucial for applicants to manage their deadlines carefully and not rely on petition filings to extend other procedural timeframes.
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