What is the time limit for filing an appeal in ex parte reexamination?
In ex parte reexamination, the time limit for filing an appeal is set by MPEP 2273, which states:
“The appeal need not be filed within the two-month period for response to the action from which the appeal was taken, as is required by 37 CFR 1.134 and 37 CFR 1.136 for an amendment to overcome a rejection.”
Instead, the appeal must be filed within the following time frames:
- Within the time period for response set in the last Office action, which is normally 2 months.
- Within any extension of time granted under 37 CFR 1.550(c).
It’s important to note that the maximum extension of time in ex parte reexamination is 5 months after the period for response set in the Office action.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2273 - Appeal In Ex Parte Reexamination,
Patent Law,
Patent Procedure