What is the time limit for filing a judicial review after a PTAB decision?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 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 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse 63-Day Time Limit for Filing Appeal to Federal Circuit MPEP 1216 Time for Filing Notice of Appeal After Rehearing MPEP 1216 Time for Commencing Civil Action Under 141(d) MPEP 1216 Required Notice of Appeal Must Be Filed Within 63 Days MPEP 1216 Required Notice of Appeal Must Be Filed Within 63 Days MPEP 1216 Required Judicial Review for Patent Trial and Appeal Board Decisions MPEP 1216 Extension for Filing on Federal Holidays in DC MPEP 1216 Civil Action Must Be Filed Within 63 Days of Final Board Decision MPEP 1216 Required Copy Must Be Filed with Patent Trial and Appeal Board MPEP 1216 Required Appeal to Federal Circuit Only for Dissatisfied Patent Owners MPEP 1216 Permitted Other Related FAQs 5 FAQs Collapse When are proceedings considered terminated in a patent application? How can court decisions affect the termination of patent application proceedings? How does a civil action under 35 U.S.C. 145 differ from a direct appeal to the Federa...