MPEP § 2241 — Time for Deciding Request Filed under 35 U.S.C. 302 (Annotated Rules)
§2241 Time for Deciding Request Filed under 35 U.S.C. 302
This page consolidates and annotates all enforceable requirements under MPEP § 2241, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Time for Deciding Request Filed under 35 U.S.C. 302
This section addresses Time for Deciding Request Filed under 35 U.S.C. 302. Primary authority: 35 U.S.C. 303(a) and 37 CFR 1.515(a). Contains: 2 requirements, 1 permission, and 1 other statement.
Key Rules
Ex Parte Reexamination
The determination of whether or not to reexamine must be made within 3 months following the filing date of a request. See 35 U.S.C. 303(a) and 37 CFR 1.515(a). If the 3-month period ends on a Saturday, Sunday, or federal holiday within the District of Columbia, then the determination must be mailed by the preceding business day. See the last portion of MPEP § 2240 and also see MPEP § 2283 for multiple copending reexamination proceedings. A determination to reexamine may be made at any time during the period of enforceability of a patent.
The determination of whether or not to reexamine must be made within 3 months following the filing date of a request. See 35 U.S.C. 303(a) and 37 CFR 1.515(a). If the 3-month period ends on a Saturday, Sunday, or federal holiday within the District of Columbia, then the determination must be mailed by the preceding business day. See the last portion of MPEP § 2240 and also see MPEP § 2283 for multiple copending reexamination proceedings. A determination to reexamine may be made at any time during the period of enforceability of a patent.
The determination of whether or not to reexamine must be made within 3 months following the filing date of a request. See 35 U.S.C. 303(a) and 37 CFR 1.515(a). If the 3-month period ends on a Saturday, Sunday, or federal holiday within the District of Columbia, then the determination must be mailed by the preceding business day. See the last portion of MPEP § 2240 and also see MPEP § 2283 for multiple copending reexamination proceedings. A determination to reexamine may be made at any time during the period of enforceability of a patent.
SNQ Criteria
The determination of whether or not to reexamine must be made within 3 months following the filing date of a request. See 35 U.S.C. 303(a) and 37 CFR 1.515(a). If the 3-month period ends on a Saturday, Sunday, or federal holiday within the District of Columbia, then the determination must be mailed by the preceding business day. See the last portion of MPEP § 2240 and also see MPEP § 2283 for multiple copending reexamination proceedings. A determination to reexamine may be made at any time during the period of enforceability of a patent.
Citations
| Primary topic | Citation |
|---|---|
| Ex Parte Reexamination SNQ Criteria | 35 U.S.C. § 303(a) |
| Ex Parte Reexamination SNQ Criteria | 37 CFR § 1.515(a) |
| Ex Parte Reexamination SNQ Criteria | MPEP § 2240 |
| Ex Parte Reexamination SNQ Criteria | MPEP § 2283 |
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 2241 — Time for Deciding Request Filed under 35 U.S.C. 302
Source: USPTO2241 Time for Deciding Request Filed under 35 U.S.C. 302 [R-07.2015]
The determination of whether or not to reexamine must be made within 3 months following the filing date of a request. See 35 U.S.C. 303(a) and 37 CFR 1.515(a). If the 3-month period ends on a Saturday, Sunday, or federal holiday within the District of Columbia, then the determination must be mailed by the preceding business day. See the last portion of MPEP § 2240 and also see MPEP § 2283 for multiple copending reexamination proceedings. A determination to reexamine may be made at any time during the period of enforceability of a patent.