Can the time for filing an appeal brief be extended?
Yes, the time for filing an appeal brief can be extended. According to MPEP 1205.01:
“This 2-month time period for a patent application may be extended under 37 CFR 1.136(a), and if 37 CFR 1.136(a) is not available, under 37 CFR 1.136(b) for extraordinary circumstances.”
For patent applications, extensions can be requested under 37 CFR 1.136(a) with the appropriate fee. In extraordinary circumstances, extensions may be granted under 37 CFR 1.136(b). For ex parte reexamination proceedings, extensions are only available under 37 CFR 1.550(c).
It’s important to note that additional time in excess of 5 months will not be granted unless extraordinary circumstances are involved.
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