What is the time limit for third-party comments after a patent owner’s response in inter partes reexamination?
In inter partes reexamination, third parties have a specific time frame to submit comments after the patent owner’s response. According to MPEP 2666.05: “The third party requester comments must be filed “within 30 days from the date of service of the patent owner’s response.” This 30-day period is strictly enforced, and late submissions will not…
Read MoreIs there a time limit for requesting reexamination of a patent?
While there is a specific time limit for the USPTO to decide on a reexamination request, the timeframe for filing such a request is much broader. According to MPEP 2241: “A determination to reexamine may be made at any time during the period of enforceability of a patent.” This means that a request for reexamination…
Read MoreWhat is the time limit for submitting prior art citations in a reexamination proceeding?
What is the time limit for submitting prior art citations in a reexamination proceeding? According to MPEP 2602, there is no time limit for submitting prior art citations in a reexamination proceeding. The MPEP states: “There is no time limit for submitting prior art citations in a reexamination proceeding.” This means that patent owners and…
Read MoreWhat is the time limit for filing a foreign priority claim in international design applications?
The time limit for filing a foreign priority claim in international design applications is specified in 35 U.S.C. 119(a) and 172, and 37 CFR 1.55(b)(1). According to MPEP 2920.05(d): “Pursuant to 35 U.S.C. 119(a) and 172, and 37 CFR 1.55(b)(1), the nonprovisional international design application must be filed not later than six months after the…
Read MoreWhat is the time limit for claiming benefit of a prior-filed application in an international design application?
The time limit for claiming benefit of a prior-filed application in an international design application is specified in MPEP 2920.05(e): “The right of priority may be restored where the international design application is filed after the expiration of the priority period but within a period of two months from the expiration of the priority period.”…
Read MoreWhat is the time limit for concluding a supplemental examination proceeding?
According to MPEP 2821, a supplemental examination proceeding must conclude within three months from the filing date of the request. The MPEP states: “A supplemental examination proceeding must conclude within three months from the filing date of the request.“ This statutory time limit ensures that supplemental examination proceedings are conducted efficiently and promptly. To learn…
Read MoreWhat is the time limit for applying for a reissue patent that enlarges the scope of claims?
The time limit for applying for a reissue patent that enlarges the scope of claims is specified in 35 U.S.C. 251(d): “No reissued patent shall be granted enlarging the scope of the claims of the original patent unless applied for within two years from the grant of the original patent.” This two-year limitation is crucial…
Read MoreWhat is the time limit for deciding on a reexamination request under 35 U.S.C. 302?
According to MPEP 2241, the determination of whether or not to reexamine must be made within 3 months following the filing date of a request. This is based on 35 U.S.C. 303(a) and 37 CFR 1.515(a). The MPEP states: “The determination of whether or not to reexamine must be made within 3 months following the…
Read MoreWhat is the time limit for filing a rebuttal brief in an inter partes reexamination?
According to MPEP 2678, the time limit for filing a rebuttal brief in an inter partes reexamination is one month from the mailing date of the examiner’s answer. This is specified in 37 CFR 41.66(d), which states: “Any appellant may file a rebuttal brief under § 41.71 within one month of the date of the…
Read MoreWhat is the time limit for filing a protest under 37 CFR 1.291?
The time limit for filing a protest under 37 CFR 1.291 is before the date the application is published or a notice of allowance is mailed, whichever occurs first. As stated in the MPEP 1901: “A protest must be submitted prior to the date the application was published or a notice of allowance under 37…
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