Can time periods for filing petitions or replies be extended in the appeal process?
The time periods set forth in 37 CFR 41.40 for filing petitions or replies in the appeal process have specific extension rules:
- These time periods are not extendable under 37 CFR 1.136(a).
- They are extendable under 37 CFR 1.136(b) for patent applications.
- For ex parte reexamination proceedings, extensions are possible under 37 CFR 1.550(c).
The MPEP explicitly states: “The time periods set forth in 37 CFR 41.40 are not extendable under 37 CFR 1.136(a), but are extendable under 37 CFR 1.136(b) for patent applications and 37 CFR 1.550(c) for ex parte reexamination proceedings.”
This means that while automatic extensions are not available, petitions for extensions may be granted in certain circumstances.
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