Can the time for filing a notice of appeal or cross appeal be extended in inter partes reexamination?
No, the time for filing a notice of appeal or cross appeal in inter partes reexamination cannot be extended. The MPEP 2674 clearly states:
“Pursuant to 37 CFR 41.61(e), the time for filing a notice of appeal may not be extended.”
Similarly, for cross appeals:
“Pursuant to 37 CFR 41.61(e), the time for filing a notice of cross appeal may not be extended.”
This strict adherence to deadlines ensures that the inter partes reexamination process proceeds efficiently and without unnecessary delays.
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2674 - Appeal In Inter Partes Reexamination,
Patent Law,
Patent Procedure