What is the time limit for filing a petition with the USPTO?

Generally, petitions must be filed within two months of the mailing date of the action or notice from which relief is requested. This is specified in 37 CFR 1.181(f), which states:

“Any petition under this rule which is not filed within two months of the mailing date of the action or notice from which relief is requested may be dismissed as untimely.”

However, some sections specify different time periods. For example, 37 CFR 1.377, 1.378, and 1.740 have their own specified time periods. It’s important to note that the two-month period is not extendable under 37 CFR 1.136(a).

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Tags: 37 cfr 1.181, patent procedure, petitions, time limit, USPTO