What is the time limit for filing a respondent brief in an inter partes reexamination?
According to 37 CFR 41.66(b), a respondent must file their brief within one month from the date of service of the appellant’s brief. The MPEP states: “Once an appellant’s brief has been properly filed, any brief must be filed by respondent within one month from the date of service of the appellant’s brief. The time…
Read MoreWhat is the deadline for filing a respondent brief in an inter partes reexamination?
According to MPEP 2675.01, the deadline for filing a respondent brief in an inter partes reexamination is as follows: “The respondent brief is due one month after the date of service of the appellant’s brief. The time for filing a respondent brief may not be extended.” It’s crucial to note that this deadline is strictly…
Read MoreWhat is the deadline for filing a patent term extension application under 35 U.S.C. 156(d)(1)?
The deadline for filing a patent term extension application under 35 U.S.C. 156(d)(1) is within a 60-day period that begins on the date the product received permission for commercial marketing or use. According to the MPEP 2754.01: “An application for patent term extension under 35 U.S.C. 156(d)(1) may only be filed within the sixty-day period…
Read MoreWhat is the deadline for the Director to decide on an inter partes reexamination request?
The Director has a specific timeframe to make a decision on an inter partes reexamination request. According to MPEP 2640: “The reexamination proceeding is instituted by the Director within 3 months following the filing date of a request for reexamination.” This 3-month deadline ensures that decisions on reexamination requests are made in a timely manner,…
Read MoreWhen was the deadline for filing inter partes reexamination requests?
The deadline for filing inter partes reexamination requests was September 15, 2012. According to MPEP 2641, “No requests for inter partes reexamination may be filed on or after September 16, 2012.” This means that the last day to file such requests was September 15, 2012. To learn more: inter partes reexamination filing deadline patent procedure…
Read MoreWhat is considered a “business day” for patent term extension applications?
For patent term extension applications, the definition of a “business day” is specific and important for calculating deadlines. According to MPEP 2754.01: “The term ‘business day’ in this context means any Monday, Tuesday, Wednesday, Thursday, or Friday, excluding any legal holiday under 5 U.S.C. 6103.” This definition is crucial when determining the exact date a…
Read MoreWhat is the significance of the two-month period for filing an appeal brief in a patent application?
The two-month period for filing an appeal brief in a patent application is significant because it sets a strict deadline for appellants to present their arguments against the examiner’s rejection. This timeline ensures efficient processing of appeals and prevents unnecessary delays in the patent examination process. According to MPEP 1205.01: “The time for filing an…
Read MoreHow does the Pre-Appeal Brief Review affect the time for filing an Appeal Brief?
How does the Pre-Appeal Brief Review affect the time for filing an Appeal Brief? The Pre-Appeal Brief Review process can affect the time for filing an Appeal Brief. According to the MPEP, “If the request is not granted, the Office will treat the request as untimely and notify the applicant of the deadline to file…
Read MoreWhat is the deadline for filing a demand for international preliminary examination in a PCT application?
The demand for international preliminary examination is an optional step in the PCT process that can provide additional benefits to applicants. MPEP 1842 outlines the deadline for filing this demand: “A demand for international preliminary examination must be filed prior to the expiration of whichever of the following periods expires later: (A) three months from…
Read MoreHow long do I have to file a Notice of Appeal?
The time period for filing a Notice of Appeal is specified in the MPEP: “The notice of appeal must be filed within the period for reply set in the last Office action, which is normally three months for applications.“ However, there is some flexibility in this deadline. The MPEP further states: “The notice of appeal…
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