What happens if a request for rehearing is filed?

When a request for rehearing is filed, several important processes are set in motion. According to MPEP 1214.03:

1. The Board will render a decision on the request for rehearing.
2. The decision on the request for rehearing is deemed to incorporate the earlier opinion reflecting its decision for appeal, except for portions specifically withdrawn on rehearing.
3. The rehearing decision is final for the purpose of judicial review, unless noted otherwise in the decision.
4. The time for filing a notice of appeal to the U.S. Court of Appeals for the Federal Circuit or for commencing a civil action is affected.

Specifically, the MPEP states: “If a timely request for rehearing of the Board’s decision is filed, the time for filing a notice of appeal to the U.S. Court of Appeals for the Federal Circuit or for commencing a civil action expires 63 days after a decision on a request for rehearing or reconsideration (37 CFR 90.3(b)(1)).”

Additionally, an applicant may file a Request for Continued Examination (RCE) during this 63-day period after the decision on the rehearing request.

To learn more:

• rehearing process
• Board decision
• patent appeal
• MPEP 1214.03
• judicial review