What are the time limits for filing a petition under 37 CFR 1.377?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. The time limits for filing a petition under 37 CFR 1.377 are specific and must be strictly adhered to. According to the MPEP: “ Any petition filed under 37 CFR 1.377 must be filed within 2 months of the action complained of, or within such other time as may be set in the action complained of. “ This means that patentees have a relatively short window to file their petition after receiving a decision refusing to accept and record a maintenance fee payment. It’s crucial to act promptly to ensure the petition is filed within the specified timeframe. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Petition Must Be Filed Within 2 Months of Action Complained Of MPEP 2580 Required Non-Party for Maintenance Fee Payment Only MPEP 2580 Petition for Incorrectly Filed Maintenance Fee MPEP 2580 Petition for Accepting Late Maintenance Fee MPEP 2580 Petition for Late Maintenance Fee Not Allowed If Entire Payment Missed MPEP 2580 Refund Request for Maintenance Fee Error MPEP 2580 Permitted Petition for Review Must Be Filed Within Two Months and Accompanied by Fee MPEP 2580 Required Incorrect Patent Number for Maintenance Fee MPEP 2580 Patentee Can Petition Director to Record Late Maintenance Fee MPEP 2580 Permitted Petition to Refund Fee if Office Error MPEP 2580 Permitted Other Related FAQs 5 FAQs Collapse What fees are associated with filing a petition under 37 CFR 1.377? In what situations is a petition under 37 CFR 1.377 not appropriate? What is the process for reviewing a decision refusing to accept and record a maintenance fee payment? Who can sign a petition under 37 CFR 1.377? How should a petition under 37 CFR 1.377 be addressed and submitted?