How long do I have to file a Notice of Appeal?

The time period for filing a Notice of Appeal is specified in the MPEP:

The notice of appeal must be filed within the period for reply set in the last Office action, which is normally three months for applications.

However, there is some flexibility in this deadline. The MPEP further states:

The notice of appeal and appropriate fee may be filed up to six months from the date of the Office action (e.g., a final rejection) from which the appeal was taken, so long as an appropriate petition and fee for an extension of time under 37 CFR 1.136(a) is filed either prior to or with the notice of appeal.

It’s crucial to note that failure to file a timely appeal or extension can result in the application becoming abandoned. Always check the specific deadline in your Office action and consider filing an extension of time if needed.

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Tags: extension of time, filing deadline, Notice Of Appeal