What 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…

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What 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,…

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What 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…

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What 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…

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What 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…

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How 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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