What are the time limits for requesting rehearing of a Board decision?
According to MPEP 2682, the time limits for requesting rehearing of a Board decision are as follows: The request must be filed within one month from the date of: The original decision under 37 CFR 41.77(a) The original 37 CFR 41.77(b) decision under the provisions of 37 CFR 41.77(b)(2) The expiration of the time for…
Read MoreWhat options does a patent owner have after the Board issues a new ground of rejection?
According to MPEP 2682, after the Board issues a new ground of rejection under 37 CFR 41.77(b), the patent owner has two options: Request rehearing based on the same record under 37 CFR 41.79(a) File a response requesting reopening of prosecution before the examiner, including an appropriate amendment of the newly rejected claim(s) and/or new…
Read MoreWhat is the time frame for an examiner to request rehearing of a PTAB decision?
The Manual of Patent Examining Procedure (MPEP) provides a specific timeframe for examiners to request rehearing of a Patent Trial and Appeal Board (PTAB) decision. According to MPEP 1214.04: “Such a request should normally be made within 2 months of the return of the application to the TC or the reexamination proceeding or reissue application…
Read MoreCan I request a rehearing after a PTAB decision?
Yes, you can request a rehearing after a Patent Trial and Appeal Board (PTAB) decision. Here are key points to consider: A request for rehearing must be filed within 30 days of the original PTAB decision. Filing a rehearing request extends the time for seeking judicial review. The rehearing request should address specific points believed…
Read MoreWhat are the time periods for filing an appeal or requesting a rehearing after a PTAB decision?
After a Patent Trial and Appeal Board (PTAB) decision, there are specific time periods for further action: Filing an appeal or commencing a civil action: 63 days Filing a request for rehearing: 2 months According to MPEP 1214: “The 63-day time period for filing an appeal or commencing a civil action under 37 CFR 90.3,…
Read MoreCan an examiner request rehearing of a PTAB decision?
Yes, an examiner can request rehearing of a Patent Trial and Appeal Board (PTAB) decision. However, this process is subject to specific guidelines and approvals. The MPEP states: “The examiner may request rehearing of the Board decision. Such a request should normally be made within 2 months of the return of the application to the…
Read MoreWhat should be included in an examiner’s request for rehearing of a PTAB decision?
When an examiner requests rehearing of a Patent Trial and Appeal Board (PTAB) decision, the request must meet specific content requirements. The MPEP 1214.04 outlines these requirements: “The request for rehearing must state with particularity the points believed to have been misapprehended or overlooked by the Board.” This means the examiner must clearly identify and…
Read MoreWhat are the consequences of requesting a rehearing instead of filing an amendment in response to a new ground of rejection?
When an appellant chooses to request a rehearing under 37 CFR 41.50(b)(2) instead of filing an amendment or new evidence under 37 CFR 41.50(b)(1), there are significant consequences. The MPEP outlines these consequences: “By proceeding in this manner, the appellant waives their right to further prosecution before the examiner. In re Greenfield, 40 F.2d 775,…
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