What is the time limit for filing a petition after denial of reexamination?
The time limit for filing a petition after denial of reexamination is strictly defined. According to MPEP 2248: “The requester may seek review by a petition to the Director under § 1.181 within one month of the mailing date of the examiner’s determination refusing ex parte reexamination.” It’s important to note that this one-month period…
Read MoreWhat is the time limit for requesting reconsideration of a refused petition under 37 CFR 1.1051?
When a petition under 37 CFR 1.1051 is refused by the USPTO, there is a specific time limit for requesting reconsideration or review of the decision. This time limit is outlined in 37 CFR 1.1051(b). The MPEP states: “Where a petition under 37 CFR 1.1051(a) is refused by the Office, any request for reconsideration or…
Read MoreWhat is the time limit for submitting prior art citations in a reexamination proceeding?
What is the time limit for submitting prior art citations in a reexamination proceeding? According to MPEP 2602, there is no time limit for submitting prior art citations in a reexamination proceeding. The MPEP states: “There is no time limit for submitting prior art citations in a reexamination proceeding.” This means that patent owners and…
Read MoreWhat is the time limit for filing a patent term extension application?
The time limit for filing a patent term extension application is specified in 35 U.S.C. 156(d)(1). According to the MPEP: “An application for the extension of the term of a patent under 35 U.S.C. 156 must be submitted by the owner of record of the patent or its agent within the sixty-day period beginning on…
Read MoreWhat is the time limit for responding to a notification of refusal in an international design application?
The time limit for responding to a notification of refusal in an international design application is typically three months from the date of receipt of the notification by the International Bureau. This is stated in MPEP 2920.05(a): “The prescribed time limit for responding to a notification of refusal is set forth in Hague Rule 18(1)(c).…
Read MoreWhat is the time limit for filing a foreign priority claim in international design applications?
The time limit for filing a foreign priority claim in international design applications is specified in 35 U.S.C. 119(a) and 172, and 37 CFR 1.55(b)(1). According to MPEP 2920.05(d): “Pursuant to 35 U.S.C. 119(a) and 172, and 37 CFR 1.55(b)(1), the nonprovisional international design application must be filed not later than six months after the…
Read MoreWhat is the time limit for filing an appeal in an inter partes reexamination proceeding?
According to MPEP 2683, the time limit for filing an appeal in an inter partes reexamination proceeding is specified in 37 CFR 1.304(a)(1): “The time for filing the notice of appeal to the U.S. Court of Appeals for the Federal Circuit (§ 1.302) or for commencing a civil action (§ 1.303) is two months from…
Read MoreWhat is the time limit for correcting a noncompliant supplemental examination request?
What is the time limit for correcting a noncompliant supplemental examination request? The time limit for correcting a noncompliant supplemental examination request is typically 30 days from the mailing date of the notice of noncompliance. This is specified in MPEP 2812.02: “The patent owner will be given a time period of 30 days or one…
Read MoreWhat is the time limit for claiming benefit of a prior-filed application in an international design application?
The time limit for claiming benefit of a prior-filed application in an international design application is specified in MPEP 2920.05(e): “The right of priority may be restored where the international design application is filed after the expiration of the priority period but within a period of two months from the expiration of the priority period.”…
Read MoreWhat is the time frame for inter partes reexamination proceedings?
Inter partes reexamination proceedings are designed to be conducted with “special dispatch” to ensure timely resolution. According to MPEP 2609: Decision on the request must be made not later than three months from its filing date, and the remainder of proceedings must proceed with “special dispatch” within the Office; This means that the USPTO must…
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