What is the time limit for filing a petition in patent prosecution?
The time limit for filing a petition in patent prosecution is generally two months from the action being contested. MPEP 1201 refers to the relevant regulation:
“As 37 CFR 1.181(f) states that any petition not filed within 2 months from the action complained of may be dismissed as untimely”
However, for petitions regarding restriction requirements, there’s an additional limitation:
“37 CFR 1.144 states that petitions from restriction requirements must be filed no later than appeal”
It’s crucial for patent applicants and attorneys to be aware of these time limits to ensure they don’t lose the opportunity to contest a decision through the petition process.
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