What is the time limit for filing a judicial review after a PTAB decision?
The time limit for seeking judicial review after a Patent Trial and Appeal Board (PTAB) decision is specified in MPEP 1216 and 37 CFR 90.3:
“The time for filing a notice of a 35 U.S.C. 141 appeal to the U.S. Court of Appeals for the Federal Circuit or for commencing a civil action under 35 U.S.C. 145 is within 63 days of the Board’s decision.“
However, if a timely request for rehearing is filed, the time extends to “63 days after a decision on a request for rehearing or reconsideration” (37 CFR 90.3(b)(1)).
It’s important to note that these are calendar days, and if the last day falls on a Federal holiday in Washington, D.C., the time is extended to the next business day.
To learn more: