What is the process for seeking an extension of time to file a notice of appeal to the Federal Circuit?

The process for seeking an extension of time to file a notice of appeal to the U.S. Court of Appeals for the Federal Circuit is handled by the USPTO General Counsel. According to MPEP 1002.02(k)(1):

“Petitions (under 37 CFR 90.3(c) or 37 CFR 2.145(e)) seeking to extend the time for filing a notice of appeal to the U.S. Court of Appeals for the Federal Circuit or for commencing a civil action seeking judicial review of a decision of the Patent Trial and Appeal Board or the Trademark Trial and Appeal Board.”

To seek an extension of time:

1. Prepare a petition under 37 CFR 90.3(c) for patent cases or 37 CFR 2.145(e) for trademark cases
2. Clearly state the reasons for requesting the extension
3. Submit the petition before the deadline for filing the notice of appeal
4. Address the petition to the USPTO General Counsel
5. Pay any required fees
6. Wait for a decision from the General Counsel

It’s important to note that extensions are not granted automatically and require a showing of good cause or excusable neglect.

To learn more:

• Federal Circuit appeals
• time extension
• USPTO General Counsel
• notice of appeal