What is the time limit for requesting reconsideration of a refused petition under 37 CFR 1.1051?

When a petition under 37 CFR 1.1051 is refused by the USPTO, there is a specific time limit for requesting reconsideration or review of the decision. This time limit is outlined in 37 CFR 1.1051(b).

The MPEP states: “Where a petition under 37 CFR 1.1051(a) is refused by the Office, any request for reconsideration or review of the decision must be filed within two months of the decision or within such time as set in the decision. Unless the decision indicates otherwise, the two-month time period may be extended under the provisions of 37 CFR 1.136.“

Key points to remember:

• The default time limit is two months from the decision date.
• The decision may specify a different time limit.
• The two-month period may be extendable under 37 CFR 1.136, unless otherwise stated in the decision.

It’s crucial for applicants to adhere to these time limits to preserve their rights to reconsideration or review of the decision.

To learn more:

• reconsideration request
• petition refusal
• time limits
• international design applications
• USPTO procedures