What are the time limits for suggesting an interference in a patent application?
The time limits for suggesting an interference in a patent application are specified in 37 CFR 41.202(c). According to MPEP 2304.02: “The suggestion of interference must be made within the time specified in 37 CFR 41.202(c).” The time limits are as follows: For an application not subject to pre-grant publication: prior to six months from…
Read MoreWhat are the time limits for responding to Office actions in ex parte reexamination?
The time limits for responding to Office actions in ex parte reexamination are strictly defined in the MPEP and patent regulations. According to MPEP 2260: “The time for response to any Office action in an ex parte reexamination proceeding will normally be two months… The response period may be extended only upon a showing of…
Read MoreWhat 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 are the time limits for patent owner submissions after an ACP?
The time limits for patent owner submissions after an Action Closing Prosecution (ACP) are as follows: The submission must be filed within the time period set for response to the ACP, typically 30 days or one month (whichever is longer) from the ACP mailing date. An extension may be requested under 37 CFR 1.956, but…
Read MoreHow long do parties have to correct defects in inter partes reexamination submissions?
Parties typically have one month or thirty days, whichever is longer, from the mailing date of the form PTOL-2069 or equivalent letter to correct defects in their submissions. The MPEP 2666.50 states: “A time period of one month or thirty days, whichever is longer, from the mailing date of the form PTOL-2069 or equivalent letter…
Read MoreWhat are the time limits for filing an appeal brief in ex parte reexamination?
The time limit for filing an appeal brief in ex parte reexamination is two months from the date of the appeal. As stated in the MPEP: “The time for filing the appeal brief is two (2) months from the date of the appeal.” This time limit is important for patent owners to ensure their appeal…
Read MoreWhat are the time limits for adding a required claim for interference?
When an examiner requires an applicant to add a claim for interference purposes using Form Paragraph 23.04, specific time limits apply. According to MPEP 2304.04(b), the standard time limit is two months from the mailing date of the communication requiring the claim. The form paragraph states: “Applicant is given TWO (2) MONTHS from the mailing…
Read MoreWhat is the time limit for requesting reconsideration of a refused petition under 37 CFR 1.1051?
When a petition under 37 CFR 1.1051 is refused by the USPTO, there is a specific time limit for requesting reconsideration or review of the decision. This time limit is outlined in 37 CFR 1.1051(b). The MPEP states: “Where a petition under 37 CFR 1.1051(a) is refused by the Office, any request for reconsideration or…
Read MoreWhat are the time limits for third party requester comments in inter partes reexamination?
According to 37 CFR 1.947, a third party requester may file written comments within 30 days from the date of service of the patent owner’s response to an Office action. The MPEP states: “The third party requester comments must be filed within a period of 30 days from the date of service of the patent…
Read MoreWhat is the procedure for seeking relief from prescribed time limits in international design applications?
The procedure for seeking relief from prescribed time limits in international design applications is outlined in 37 CFR 1.1051. This procedure allows applicants to excuse unintentional delays in meeting time limits under the Hague Agreement for requirements related to international design applications. The key components of this procedure include: Filing a petition with the USPTO…
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