Can the time limit for completing an incomplete ex parte reexamination request be extended?
The time limit for completing an incomplete ex parte reexamination request can be extended, but only under specific circumstances: Extensions may be granted for sufficient cause if requested in a timely manner. The request for extension must be filed within the original time period for completing the request. Extensions are granted at the discretion of…
Read MoreCan the time for filing a notice of appeal or cross appeal be extended in inter partes reexamination?
No, the time for filing a notice of appeal or cross appeal in inter partes reexamination cannot be extended. The MPEP 2674 clearly states: “Pursuant to 37 CFR 41.61(e), the time for filing a notice of appeal may not be extended.” Similarly, for cross appeals: “Pursuant to 37 CFR 41.61(e), the time for filing a…
Read MoreCan the time for filing an appeal brief be extended in ex parte reexamination?
Yes, the time for filing an appeal brief in ex parte reexamination can be extended under certain circumstances. The MPEP states: “In the event that the patent owner finds that he or she is unable to file a brief within the time allowed by the rules, he or she may file a request with the…
Read MoreHow do I request an extension for filing an appeal brief in a patent application?
To request an extension for filing an appeal brief in a patent application, you need to follow these steps: File a written request for an extension of time. Submit the request before the expiration of the original time period. Pay the required fee. According to MPEP 1205.01: “Extensions of time under 37 CFR 1.136(a) for…
Read MoreHow can I extend the time for taking action on a U.S.-owned application important to national defense?
To extend the time for taking action on a U.S.-owned application important to national defense, you need to file a petition under 35 U.S.C. 267. This petition is decided by the Director of the Technology Center who Oversees Licensing and Review. According to MPEP 1002.02(c)(1): “All petitions filed under 35 U.S.C. 267 to extend the…
Read MoreWhat is the process for seeking an extension of time to file a notice of appeal to the Federal Circuit?
The process for seeking an extension of time to file a notice of appeal to the U.S. Court of Appeals for the Federal Circuit is handled by the USPTO General Counsel. According to MPEP 1002.02(k)(1): “Petitions (under 37 CFR 90.3(c) or 37 CFR 2.145(e)) seeking to extend the time for filing a notice of appeal…
Read MoreHow can I request an extension of time in an ex parte reexamination proceeding?
To request an extension of time in an ex parte reexamination proceeding, you need to file a petition under 37 CFR 1.550(c). The MPEP states: “Petitions under 37 CFR 1.550(c) for an extension of time in ex parte reexamination proceedings (further delegated to SPRS).” This means that: The petition should be filed citing 37 CFR…
Read MoreWhat is the maximum extension period for a shortened statutory period under 35 U.S.C. 133?
The maximum extension period for a shortened statutory period under 35 U.S.C. 133 is limited to 6 months from the date of the Office action. The MPEP clearly states: Extensions of the statutory period under 35 U.S.C. 133 may be obtained under 37 CFR 1.136, provided the extension does not go beyond the 6-month statutory…
Read MoreCan the time limit for filing a petition to a requirement for information be extended?
No, the time limit for filing a petition to a requirement for information cannot be extended. The MPEP 704.14(c) explicitly states: ‘Extensions of time under 37 CFR 1.136 to file a petition under 37 CFR 1.181 to a requirement for information are not permitted.’ This means that the two-month deadline is strict and cannot be…
Read MoreCan the time period for filing an appeal brief be extended?
Yes, the time period for filing an appeal brief can be extended. The MPEP states: The 2-month time period for filing an appeal brief on appeal to the Patent Trial and Appeal Board (37 CFR 41.37(a)) and the 1-month time period for filing a new appeal brief to correct the deficiencies in a defective appeal…
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