What is the timeframe for an examiner to take action after a Board decision in a patent application?
The Manual of Patent Examining Procedure (MPEP) does not specify an exact timeframe for an examiner to take action after a Board decision. However, MPEP 1214 emphasizes the importance of prompt action:
“Where the Board has reversed all rejections of a claim or application, the examiner should either promptly allow the claim(s) or issue an action explaining why any claim(s) cannot be allowed.”
While “promptly” is not defined with a specific number of days, it generally implies that the examiner should act without undue delay. The timeframe may depend on factors such as:
- The complexity of the Board’s decision
- The number of claims involved
- Whether any further action is required before allowance
- The examiner’s current workload
In practice, examiners typically aim to take action within a few weeks to a month after receiving the Board’s decision, unless there are circumstances that require more time for consideration or consultation with supervisors.
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