What deadlines are set in the Federal Register Notice regarding regulatory review period determinations?
The Federal Register Notice sets two important deadlines: A deadline 180 days after publication for filing written comments or petitions regarding the marketing applicant’s due diligence during the regulatory review period. A deadline 60 days after publication for requesting redetermination if anyone believes the published dates are incorrect. MPEP 2757 states: “The Federal Register Notice…
Read MoreWhat are the deadlines for requesting an oral hearing in a patent reexamination appeal?
The deadlines for requesting an oral hearing in a patent reexamination appeal are strictly defined in MPEP 2276: “[The appellant] must file a written request for such hearing accompanied by the fee set forth in 37 CFR 41.20(b)(3) within two months after the date of the examiner’s answer or supplemental examiner’s answer. The time for…
Read MoreWhen is the deadline for paying the basic national fee for a PCT application entering the US national stage?
The deadline for paying the basic national fee for a PCT application entering the US national stage is 30 months from the priority date. This is a critical deadline that must be met to avoid abandonment of the application. As stated in MPEP 1893.01(c): “The basic national fee must be paid prior to the expiration…
Read MoreCan the 30-month deadline for national stage entry be extended?
No, the 30-month deadline for national stage entry cannot be extended. The MPEP clearly states: “The thirty-month time period set forth in paragraphs (b), (c), (d), (e) and (h) of this section may not be extended.” (37 CFR 1.495(a)) This means that the basic national fee must be paid and the copy of the international…
Read MoreWhat happens if I miss the 30-month deadline for national stage entry?
If you miss the 30-month deadline for national stage entry, your international application will be considered abandoned as to the United States. The MPEP states: “An international application becomes abandoned as to the United States thirty months from the priority date if the requirements of paragraph (b) of this section have not been complied with…
Read MoreWhat is the difference between a statutory period and a 30-day period in USPTO communications?
The MPEP distinguishes between statutory periods and 30-day periods in USPTO communications: A statutory period is typically calculated in months and ends on the corresponding day of the future month. A 30-day period means 30 calendar days, including weekends and holidays. The MPEP states: “A 30-day period for reply in the Office means 30 calendar…
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