What are the time limits for filing a petition under 37 CFR 1.377?
The time limits for filing a petition under 37 CFR 1.377 are specific and must be strictly adhered to. According to the MPEP:
“Any petition filed under 37 CFR 1.377 must be filed within 2 months of the action complained of, or within such other time as may be set in the action complained of.“
This means that patentees have a relatively short window to file their petition after receiving a decision refusing to accept and record a maintenance fee payment. It’s crucial to act promptly to ensure the petition is filed within the specified timeframe.
To learn more:
Topics:
MPEP 2500 - Maintenance Fees,
MPEP 2580 - Review Of Decision Refusing To Accept And Record Payment Of A Maintenance Fee Filed Prior To Expiration Of Patent,
Patent Law,
Patent Procedure