What is the time limit for filing an appeal to the Federal Circuit?
The time limit for filing an appeal to the U.S. Court of Appeals for the Federal Circuit is strictly enforced. According to MPEP 1216:
“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 is within 63 days of the PTAB’s decision. 37 CFR 90.3(a).”
It’s crucial to note that this 63-day period includes the date of the Board’s decision. Appellants should be aware that the Federal Circuit cannot extend this time limit, as stated in the MPEP: “The Federal Circuit will dismiss an appeal that is not filed within the statutory time limit.” Therefore, strict adherence to this deadline is essential to preserve the right to appeal.
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