37 CFR § 90.3 — Time for appeal or civil action. (MPEP Coverage Index) – BlueIron IP
37 CFR § 90.3 Time for appeal or civil action.
Source: Patent Rule (37 CFR)BlueIron Update:
This page consolidates MPEP guidance interpreting 37 CFR § 90.3, including 110 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 frame for filing appeals or civil actions after certain briefings is strictly defined, with practitioners required to adhere to specific deadlines.
What this section covers
- This section covers the time period for filing appeals and civil actions following certain briefings in patent law proceedings.
Key obligations
- Practitioners must file appeals or civil actions within a specified time period after certain briefings.
- The specific time frame for filing appeals or civil actions is defined by USC and CFR sections.
Practice notes
- Ensure timely submission of appeals or civil actions within the specified time frame to avoid missing critical deadlines.
- Missing the deadline for filing appeals or civil actions can result in losing the right to appeal or file a civil action.
Official MPEP § 90.3 — Time for appeal or civil action.
Source: USPTOLast Modified: 10/30/2024 08:50:22
90.3 Time for appeal or civil action.
- (a)
Filing deadline.
- (1) For an appeal under 35 U.S.C. 141. The notice of appeal filed pursuant to 35 U.S.C. 142 must be filed with the Director of the United States Patent and Trademark Office no later than sixty-three (63) days after the date of the final Board decision. Any notice of cross-appeal is controlled by Rule 4(a)(3) of the Federal Rules of Appellate Procedure, and any other requirement imposed by the Rules of the United States Court of Appeals for the Federal Circuit.
- (2) For a notice of election under 35 U.S.C. 141(d). The time for filing a notice of election under 35 U.S.C. 141(d) is governed by 35 U.S.C. 141(d) .
- (3)
For a civil action under 35 U.S.C. 145 or 146.
- (i) A civil action must be commenced no later than sixty-three (63) days after the date of the final Board decision.
- (ii) The time for commencing a civil action pursuant to a notice of election under 35 U.S.C. 141(d) is governed by 35 U.S.C. 141(d) .
- (b)
Time computation.
- (1) Rehearing. A timely request for rehearing will reset the time for appeal or civil action to no later than sixty-three (63) days after action on the request. Any subsequent request for rehearing from the same party in the same proceeding will not reset the time for seeking judicial review, unless the additional request is permitted by order of the Board.
- (2) Holidays. If the last day for filing an appeal or civil action falls on a Federal holiday in the District of Columbia, the time is extended pursuant to 35 U.S.C. 21(b) .
- (c)
Extension of time.
- (1) The Director, or his designee, may
extend the time for filing an appeal, or commencing a civil action,
upon written request if:
- (i) Requested before the expiration of the period for filing an appeal or commencing a civil action, and upon a showing of good cause; or
- (ii) Requested after the expiration of the period for filing an appeal of commencing a civil action, and upon a showing that the failure to act was the result of excusable neglect.
- (2) The request must be filed as provided in § 104.2 of this title.
- (1) The Director, or his designee, may
extend the time for filing an appeal, or commencing a civil action,
upon written request if:
[Added, 77 FR 48612, Aug. 14, 2012, effective Sept. 16, 2012]
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- Appeal Notice
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- Reexamination Conclusion
- Examination Procedure
- Examiner Action
- Action Mailing
- Maintenance Fee Late
- Patent Expiration Maintenance
- Patent Term
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- Reply Period