What are the time limits for requesting rehearing of a Board decision?
According to MPEP 2682, the time limits for requesting rehearing of a Board decision are as follows:
- The request must be filed within one month from the date of:
- The original decision under 37 CFR 41.77(a)
- The original 37 CFR 41.77(b) decision under the provisions of 37 CFR 41.77(b)(2)
- The expiration of the time for the patent owner to take action under 37 CFR 41.77(b)(2)
- A new decision under 37 CFR 41.77(f) or 37 CFR 41.79(d) specifically designated as “new”
MPEP 2682 explicitly states: “The one month period may not be extended. See 37 CFR 41.79(e).” This means that unlike requests for reopening prosecution, there are no extensions available for rehearing requests.
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2682 - Action Following Decision,
Patent Law,
Patent Procedure