Can the time period for filing a rehearing request be extended?
The time period for filing a rehearing request is generally limited, but there are specific circumstances under which it can be extended. According to MPEP 1214.03:
“The 2-month period provided by 37 CFR 41.52(a) for filing a request for rehearing can only be extended under the provisions of 37 CFR 1.136(b) or under 37 CFR 1.550(c) if the appeal involves an ex parte reexamination proceeding.”
This means:
- For regular patent applications, extensions are only possible under 37 CFR 1.136(b), which are granted for sufficient cause and for a reasonable time specified.
- For ex parte reexamination proceedings, extensions are possible under 37 CFR 1.550(c).
It’s important to note that the standard extension of time provisions under 37 CFR 1.136(a) do not apply to rehearing requests.
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