Question 1

What is the time limit for deciding on a reexamination request under 35 U.S.C. 302?

Accepted Answer

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

According to MPEP 2241, the determination of whether or not to reexamine must be made within 3 months following the filing date of a request. This is based on 35 U.S.C. 303(a) and 37 CFR 1.515(a).

The MPEP states: “The determination of whether or not to reexamine must be made within 3 months following the filing date of a request.” This three-month period is a strict deadline that the USPTO must adhere to when processing reexamination requests.

Question 2

What is the time limit for deciding on a reexamination request under 35 U.S.C. 302?

Accepted Answer

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30

10 Rules 5 Related FAQs

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

According to MPEP 2241, the determination of whether or not to reexamine must be made within 3 months following the filing date of a request. This is based on 35 U.S.C. 303(a) and 37 CFR 1.515(a).

The MPEP states: “The determination of whether or not to reexamine must be made within 3 months following the filing date of a request.” This three-month period is a strict deadline that the USPTO must adhere to when processing reexamination requests.