What is the time limit for requesting reconsideration of a decision on a petition to revive a reexamination proceeding?
The time limit for requesting reconsideration of a decision on a petition to revive a reexamination proceeding is two months from the mail date of the decision. The MPEP states: “Reconsideration may be requested of a decision dismissing or denying a petition under 37 CFR 1.137 to revive a terminated reexamination prosecution. The request for…
Read MoreWhat are the time limits for filing a protest under 37 CFR 1.291?
The time limits for filing a protest under 37 CFR 1.291 are as follows: A protest must be submitted prior to the date the application was published or the mailing of a notice of allowance under 37 CFR 1.311, whichever occurs first. If the protest is accompanied by the written consent of the applicant, it…
Read MoreCan an applicant request reconsideration of a patent term extension determination?
Yes, an applicant can request reconsideration of a patent term extension determination. According to MPEP 2755: “A single request for reconsideration of a final determination may be made if filed by the applicant within such time as may be set in the notice of final determination or, if no time is set, within one month…
Read MoreWhat are the time limits for filing a patent owner’s statement in ex parte reexamination?
According to MPEP 2254, the patent owner has specific time limits for filing a statement in ex parte reexamination: The patent owner has two months from the date of the order for reexamination to file a statement. This period may be extended by up to one additional month upon request and payment of the requisite…
Read MoreWhat are the time limits for filing a notice of appeal in inter partes reexamination?
What are the time limits for filing a notice of appeal in inter partes reexamination? The time limits for filing a notice of appeal in inter partes reexamination are specified in MPEP 2674. The manual states: “The time for filing a notice of appeal is within thirty days after the mailing of the action from…
Read MoreHow are late responses by requesters handled in reexamination proceedings?
Late responses by requesters in reexamination proceedings are not considered and are expunged from the file. According to MPEP 2267: “Any response subsequent to 2 months from the date of service of the patent owner’s statement will not be considered, and will be expunged.” This rule is based on 37 CFR 1.535 and 37 CFR…
Read MoreCan the three-month period for making a required deposit be extended?
No, the three-month period for making a required deposit cannot be extended. The MPEP 2411.03 clearly states: “This time period is not extendable under 37 CFR 1.136 (see 37 CFR 1.136(c)).” This means that applicants must ensure they can make the necessary deposit within the given three-month timeframe to avoid potential abandonment of their application.…
Read MoreWhat are the rules for responding to Office actions in ex parte reexamination proceedings?
In ex parte reexamination proceedings, the rules for responding to Office actions are governed by 37 CFR 1.550(a) and 37 CFR 1.111. Key points include: Patent owners are typically given 2 months to respond to an Office action. Extensions of time are only available under 37 CFR 1.550(c). The certificate of mailing, certificate of transmission,…
Read MoreWhat are the time limits for filing an appellant brief in an inter partes reexamination?
The time limits for filing an appellant brief in an inter partes reexamination are specified in 37 CFR 41.66. The brief must be filed by the later of: Two months from the date of the examiner’s answer The time remaining in the maximum six-month time period set in MPEP § 2662 to file an appeal…
Read MoreWhen can an applicant request a Supplementary International Search?
An applicant can request a Supplementary International Search (SIS) at any time before the expiration of 22 months from the priority date of the international application. This is specified in PCT Rule 45bis.1(a), which states: The applicant may, at any time prior to the expiration of 22 months from the priority date, request that a…
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