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