What 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 deadline for filing a notice of appeal in an inter partes reexamination?
The deadline for filing a notice of appeal in an inter partes reexamination is strictly defined. According to MPEP 2662: After the examiner issues a Right of Appeal Notice (RAN), the patent owner and the third party requester may each file a notice of appeal within 30 days or one month (whichever is longer) from…
Read MoreCan the time for filing a notice of appeal or cross appeal be extended in inter partes reexamination?
No, the time for filing a notice of appeal or cross appeal in inter partes reexamination cannot be extended. The MPEP 2674 clearly states: “Pursuant to 37 CFR 41.61(e), the time for filing a notice of appeal may not be extended.” Similarly, for cross appeals: “Pursuant to 37 CFR 41.61(e), the time for filing a…
Read MoreWhat is the timeframe for appealing a Board decision to the Federal Circuit in an inter partes reexamination?
The timeframe for appealing a Board decision to the U.S. Court of Appeals for the Federal Circuit in an inter partes reexamination is clearly defined in MPEP 2662: The time for the patent owner and/or the third party requester to file a notice of appeal to the U.S. Court of Appeals for the Federal Circuit…
Read MoreWhat is the time limit for filing an appeal to the Federal Circuit?
The time limit for filing an appeal to the U.S. Court of Appeals for the Federal Circuit is strictly enforced. According to MPEP 1216: “The time for filing a notice of appeal to the U.S. Court of Appeals for the Federal Circuit or for commencing a civil action is within 63 days of the PTAB’s…
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