What happens if I miss the deadline for filing a notice of appeal to the Federal Circuit?
Missing the deadline for filing a notice of appeal to the Federal Circuit can have serious consequences:
- The right to appeal may be lost if the notice is not filed within the 63-day period.
- The PTAB decision becomes final and non-appealable.
- Limited options remain for reviving the application or patent.
The MPEP 1216 states: “A notice of appeal must be filed within the time specified in 37 CFR 90.3(a) (63 days from the date of the PTAB decision).”
If you miss this deadline, you may be able to petition for an extension of time under extraordinary circumstances, but such petitions are rarely granted. It’s crucial to calendar the deadline carefully and file the notice of appeal well in advance to avoid potential loss of rights.
To learn more: