What is the time limit for deciding on a reexamination request under 35 U.S.C. 302?
According to MPEP 2241, the determination of whether or not to reexamine must be made within 3 months following the filing date of a request. This is based on 35 U.S.C. 303(a) and 37 CFR 1.515(a).
The MPEP states: “The determination of whether or not to reexamine must be made within 3 months following the filing date of a request.” This three-month period is a strict deadline that the USPTO must adhere to when processing reexamination requests.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2241 - Time For Deciding Request Filed Under 35 U.S.C. 302,
Patent Law,
Patent Procedure