What is the timeframe for filing a notice of appeal in ex parte reexamination?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 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 timeframe for filing a notice of appeal in ex parte reexamination is typically two months from the date of the last Office action. According to MPEP 2273 , “ The period for filing the notice of appeal is the period set for response in the last Office action which is normally 2 months. ” However, the MPEP also notes that “ The timely filing of a first response to a final rejection having a shortened statutory period for response is construed as including a request to extend the period for response an additional two months, even if an extension has been previously granted, as long as the period for response does not exceed 6 months from the date of the final rejection. ” This provides some flexibility for patent owners in meeting the appeal deadline. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Notice of Intent to Issue Ex Parte Reexamination Certificate MPEP 2273 Notice of Appeal Filing Required MPEP 2273 Fee Required for Notice of Appeal MPEP 2273 Required Notice of Appeal Need Not Be Signed MPEP 2273 Patent Owner Can Appeal Only After Final Rejection in Ex Parte Reexamination Filing On Or After November 29, 1999 MPEP 2273 First Response Includes Two-Month Extension After Final Rejection MPEP 2273 Appeal Notice Must Be Filed Within Last Office Action Response Period MPEP 2273 Patent Owner Can Appeal Examiner Rejections MPEP 2273 Required Patent Owner Can Appeal and Seek Review After Reexamination Decision MPEP 2273 Permitted Defective Appeal Not to Extend Time MPEP 2273 Prohibited Other Related FAQs 5 FAQs Collapse Are there any restrictions on when a patent owner can appeal in ex parte reexamination? What are the consequences of not filing a timely notic...