What types of time extension petitions are decided by the USPTO General Counsel?
The USPTO General Counsel decides on specific types of time extension petitions related to appeals and civil actions. According to MPEP 1002.02(k)(1):
“Petitions (under 37 CFR 90.3(c) or 37 CFR 2.145(e)) seeking to extend 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 seeking judicial review of a decision of the Patent Trial and Appeal Board or the Trademark Trial and Appeal Board.”
These petitions specifically relate to:
- Extending the time to file a notice of appeal to the Federal Circuit
- Extending the time to commence a civil action for judicial review of PTAB or TTAB decisions
It’s important to note that these petitions must be filed under the specific regulations mentioned (37 CFR 90.3(c) or 37 CFR 2.145(e)) to be considered by the General Counsel.
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