What are the time periods for filing an appeal or requesting a rehearing after a PTAB decision?
After a Patent Trial and Appeal Board (PTAB) decision, there are specific time periods for further action:
- Filing an appeal or commencing a civil action: 63 days
- Filing a request for rehearing: 2 months
According to MPEP 1214: “The 63-day time period for filing an appeal or commencing a civil action under 37 CFR 90.3, or the two month period for filing a request for rehearing under 37 CFR 41.52, begins to run from the “MAIL DATE” if the decision is provided by paper delivery, or the “NOTIFICATION DATE” if the decision is provided by electronic delivery, as shown on the FORM PTOL-90A attached to the decision.“
It’s crucial to note that these time periods start from either the “MAIL DATE” for paper delivery or the “NOTIFICATION DATE” for electronic delivery, as indicated on the FORM PTOL-90A attached to the decision.
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