35 U.S.C. § 387 — Relief from prescribed time limits (MPEP Coverage Index) – BlueIron IP
35 U.S.C. § 387 Relief from prescribed time limits
This page consolidates MPEP guidance interpreting 35 U.S.C. § 387, including 4 rules 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.
Summary
35 USC 387 provides a mechanism for applicants to seek forgiveness for missed time limits in international design applications by demonstrating satisfactory circumstances to the United States Patent and Trademark Office.
What this section covers
- Scope of time limit relief for international design applications filed under the Hague Agreement.
- Circumstances where time limit extensions may be considered by the USPTO.
Key obligations
- Provide a satisfactory explanation for missing the prescribed time limit.
- Submit evidence demonstrating unintentional delay or extenuating circumstances.
Practice notes
- Carefully document and substantiate reasons for time limit extensions to improve approval chances.
- Recognize that relief is not automatic and requires a compelling justification.
Official MPEP § 387 — Relief from prescribed time limits
Source: USPTOLast Modified: 10/30/2024 08:50:22
35 U.S.C. 387 Relief from prescribed time limits.
An applicant’s failure to act within prescribed time limits in connection with requirements pertaining to an international design application may be excused as to the United States upon a showing satisfactory to the Director of unintentional delay and under such conditions, including a requirement for payment of the fee specified in section 41(a)(7) , as may be prescribed by the Director.
(Added Dec. 18, 2012, Public Law 112-211, sec. 101(a) (effective May 13, 2015), 126 Stat. 1530.)
- International Design
- Hague Principles
- Ida Filing
- Ida Requirements
- Ida Contents