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.

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Topics: MPEP 2600 - Optional Inter Partes Reexamination, MPEP 2682 - Action Following Decision, Patent Law, Patent Procedure
Tags: board decision, inter partes reexamination, Patent Law Procedure, rehearing request, Time Limits