What is the time limit for a patent owner to respond to an Office action in an inter partes reexamination?
The patent owner is typically given a period of two months to respond to an Office action in an inter partes reexamination. As stated in the MPEP, “The patent owner will normally be given a period of two months to respond to an Office action.” It’s important to note that extensions of time are limited…
Read MoreWhat is the time limit for filing a petition for a derivation proceeding?
The time limit for filing a petition for a derivation proceeding is specified in MPEP 2310 and 35 U.S.C. 135(a). According to these sources: “A petition for a derivation proceeding must be filed within 1 year of the first publication of a claim to an invention that is the same or substantially the same as…
Read MoreWhat is the time limit for submitting a biological deposit after filing a patent application?
According to MPEP 2407.01, the time limit for submitting a biological deposit after filing a patent application is as follows: “[A] deposit shall be made not later than the issue fee due date, or at such time that the patent application is otherwise in condition for allowance.” This means that applicants have until the issue…
Read MoreWhat is the time limit for filing a petition with the USPTO?
Generally, petitions must be filed within two months of the mailing date of the action or notice from which relief is requested. This is specified in 37 CFR 1.181(f), which states: “Any petition under this rule which is not filed within two months of the mailing date of the action or notice from which relief…
Read MoreWhat is the time limit for responding to a substitute examiner’s answer after a Board remand?
According to MPEP § 1211.01, the appellant has TWO MONTHS from the date of the substitute examiner’s answer to respond. The MPEP states: “The appellant must within TWO MONTHS from the date of the substitute examiner’s answer exercise one of the following two options to avoid sua sponte dismissal of the appeal as to the…
Read MoreWhat is the time limit for responding to a new ground of rejection in an examiner’s answer?
According to MPEP 1207.03(c), the appellant has two months from the date of the examiner’s answer to respond to a new ground of rejection. The MPEP states: “The two month time period for reply is not extendable under 37 CFR 1.136(a), but is extendable under 37 CFR 1.136(b) for patent applications and 37 CFR 1.550(c)…
Read MoreWhat is the time limit for furnishing a translation of the priority document in PCT applications?
When a translation of the priority document is required in PCT applications, there is a specific time limit for furnishing it. According to MPEP 1870: “If the application whose priority is claimed in the international application is in a language other than the language or one of the languages of the International Preliminary Examining Authority,…
Read MoreWhat is the time limit for filing a judicial review after a PTAB decision?
The time limit for seeking judicial review after a Patent Trial and Appeal Board (PTAB) decision is specified in MPEP 1216 and 37 CFR 90.3: “The time for filing a notice of a 35 U.S.C. 141 appeal to the U.S. Court of Appeals for the Federal Circuit or for commencing a civil action under 35…
Read MoreWhat is the time limit for correcting or adding a priority claim in a PCT application?
The time limit for correcting or adding a priority claim in a PCT application is generally 16 months from the priority date. However, there are some nuances to this rule. According to the MPEP: “The applicant may correct or add a priority claim by a notice submitted to the Receiving Office or the International Bureau…
Read MoreWhat is the time limit for filing a reply brief in a patent appeal?
According to MPEP 1208, an appellant may file a single reply brief “within the later of two months from the date of either the examiner’s answer, or a decision refusing to grant a petition under 37 CFR 1.181 to designate a new ground of rejection in an examiner’s answer.” The MPEP states: “Under 37 CFR…
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