What is the significance of the “MAIL DATE” or “NOTIFICATION DATE” on FORM PTOL-90A?
The “MAIL DATE” or “NOTIFICATION DATE” on FORM PTOL-90A plays a crucial role in the patent appeal process:
According to MPEP 1214: “The 63-day time period for filing an appeal or commencing a civil action under 37 CFR 90.3, or the two month period for filing a request for rehearing under 37 CFR 41.52, begins to run from the “MAIL DATE” if the decision is provided by paper delivery, or the “NOTIFICATION DATE” if the decision is provided by electronic delivery, as shown on the FORM PTOL-90A attached to the decision.“
The significance of these dates includes:
- Marking the start of the time period for filing an appeal or commencing a civil action (63 days)
- Initiating the time period for filing a request for rehearing (2 months)
- Determining the deadline for the appellant to take further action
- Establishing when the examiner can proceed with further action if the decision is affirmed or affirmed in part
It’s crucial for appellants and their representatives to carefully note this date to ensure they don’t miss any important deadlines for potential further actions.
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