What is the ‘safety net’ provision in 37 CFR 1.136(a)(3)?
The ‘safety net’ provision in 37 CFR 1.136(a)(3) is designed to protect applicants who inadvertently omit a petition for extension of time. The MPEP explains that this provision allows for three scenarios to be treated as a constructive petition for an extension of time: A previously filed written request to treat a reply requiring an…
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