37 CFR § 1.134 — Time period for reply to an Office (MPEP Coverage Index) – BlueIron IP

This page consolidates MPEP guidance interpreting 37 CFR § 1.134, including 21 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

The time period for filing an appeal with the Board of Patent Appeals and Interferences is defined by specific requirements and deadlines following a second rejection.

What this section covers

Defines the time frame within which an applicant must file an appeal after receiving a second rejection.
Provides guidance on the specific requirements and deadlines for filing an appeal with the Board of Patent Appeals and Interferences.

Key obligations

Requires filing an appeal notice within the prescribed time period after receiving a second rejection.
Ensures that the appeal notice must be filed in accordance with Office rules, including required content and format.
Warns that failure to comply may result in the appeal being dismissed or deemed abandoned.

Practice notes

Advises practitioners to carefully review the specific requirements for filing an appeal notice, including any mandatory elements and deadlines.
Warns practitioners against missing the appeal filing deadline, as it can lead to significant delays or loss of rights in pursuing a patent appeal.

Patent Owner Must Pay Appeal Fee Within Specified Time PeriodMPEP 1204
Failure to Reply Within Time Period Results in AbandonmentMPEP 710.01
New Time Period for Missing Reply ElementsMPEP 710.01Permitted
Application Abandoned If No Response Within Time Set by Office ActionMPEP 710.01Permitted
Reply Required Within Time Period Otherwise AbandonedMPEP 711
New Time Period for Inadvertently Omitted Matter in Reply to Non-Final Office ActionMPEP 711Permitted
Reply Required Within Time Period Otherwise AbandonedMPEP 711.03(c)
Time Period for Supplying Omitted MatterMPEP 711.03(c)Permitted

Notification of Partial Refusal Does Not Require ReplyMPEP 2920.05(a)Required
Filing Appeal Notice After RejectionMPEP 1204Required
Contents of Notification of Refusal RequiredMPEP 2920.05(a)Required
Notification of Refusal Requires Time Period for Reply to Avoid AbandonmentMPEP 2920.05(a)Required

Appeal Notice Filing After Twice Rejected ClaimsMPEP 1204Permitted
Appeal After Twice Rejected ClaimsMPEP 1204
Appeal After Two Rejections PermittedMPEP 1204Permitted
Appeal After Rejection in Continuing ApplicationMPEP 1204Permitted
No Appeal Until RejectionMPEP 1204Prohibited
No Notice of Appeal with RCEMPEP 1204Prohibited
Reply Time Period for Notification of RefusalMPEP 2920.05(a)
No Reply Required for Partial RefusalMPEP 2920.05(a)
Notification of Partial Refusal for Cancelled DesignsMPEP 2920.05(a)

MPEP Section	Rules
MPEP § 1204	Appeal Notice Filing After Twice Rejected ClaimsMPEP 1204Permitted Appeal After Twice Rejected ClaimsMPEP 1204 Appeal After Two Rejections PermittedMPEP 1204Permitted Appeal After Rejection in Continuing ApplicationMPEP 1204Permitted No Appeal Until RejectionMPEP 1204Prohibited No Notice of Appeal with RCEMPEP 1204Prohibited Filing Appeal Notice After RejectionMPEP 1204Required Patent Owner Must Pay Appeal Fee Within Specified Time PeriodMPEP 1204
MPEP § 2920.05(a)	Notification of Partial Refusal Does Not Require ReplyMPEP 2920.05(a)Required Reply Time Period for Notification of RefusalMPEP 2920.05(a) No Reply Required for Partial RefusalMPEP 2920.05(a) Notification of Partial Refusal for Cancelled DesignsMPEP 2920.05(a) Contents of Notification of Refusal RequiredMPEP 2920.05(a)Required Notification of Refusal Requires Time Period for Reply to Avoid AbandonmentMPEP 2920.05(a)Required
MPEP § 710.01	Failure to Reply Within Time Period Results in AbandonmentMPEP 710.01 New Time Period for Missing Reply ElementsMPEP 710.01Permitted Application Abandoned If No Response Within Time Set by Office ActionMPEP 710.01Permitted
MPEP § 711	Reply Required Within Time Period Otherwise AbandonedMPEP 711 New Time Period for Inadvertently Omitted Matter in Reply to Non-Final Office ActionMPEP 711Permitted
MPEP § 711.03(c)	Reply Required Within Time Period Otherwise AbandonedMPEP 711.03(c) Time Period for Supplying Omitted MatterMPEP 711.03(c)Permitted

Related Provisions

Based on MPEP Last Modified: 10/30/2024 08:50:22

37 CFR § 1.134 — Time period for reply to an Office (MPEP Coverage Index) – BlueIron IP

37 CFR § 1.134 Time period for reply to an Office

Summary

Official MPEP § 1.134 — Time period for reply to an Office

1.134 Time period for reply to an Office action.

Verbatim in MPEP

Required Actions

Key Interpretations

Topics

MPEP Coverage

Related Provisions