What is the process for reviewing an examiner’s refusal to enter an affidavit as untimely?
If an examiner refuses to enter an affidavit as untimely, the review process is through a petition, not an appeal to the Patent Trial and Appeal Board. MPEP 715.09 clearly states: Review of an examiner’s refusal to enter an affidavit as untimely is by petition and not by appeal to the Patent Trial and Appeal…
Read MoreWhat options are available if an examiner refuses to enter an affidavit as untimely?
If a patent examiner refuses to enter an affidavit or declaration under 37 CFR 1.130 as untimely, the applicant has a specific recourse. According to MPEP 717.01(f): Review of an examiner’s refusal to enter an affidavit as untimely is by petition and not by appeal to the Patent Trial and Appeal Board. In re Deters,…
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