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If you want to object to and change the ex parte order, you must file an objection and motion within 14 days after you are served with the ex parte order. After you file the objection and motion, the friend of the court is required to attempt to resolve the dispute within 14 days after receiving your objection.
How do you appeal an ex parte reexamination?
A patent owner who is dissatisfied with the primary examiners decision to reject claims in an ex parte reexamination proceeding may appeal to the Board for review of the examiners rejection by filing a notice of appeal within the required time.
Can an appeal brief be extended?
Extensions of briefing time are limited by statute in some cases. For example, under Public Resources Code section 21167.6(h) in cases under section 21167, extensions are limited to one 30-day extension for the opening brief and one 30-day extension for preparation of responding brief.
What is the timeline for ex parte reexamination?
Although its the CRU that decides ex parte reexamination requests, the PTAB handles all appeals of these decisions within the USPTO. The pendency of these appeals typically hovers right around 15 months, so the process that began with reexamination could end up lasting over three years.
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USPTO appeal process flowchartUSPTO appeal timelineUSPTO notice of appeal feeUSPTO Notice of Appeal formUSPTO feesPre appeal brief USPTONotice of appeal USPTOPatent Trial and Appeal Board
In ex parte re-examination and IPR proceedings a party can challenge validity only on lack of novelty or obviousness over patents or printed publications. An
37 CFR 2.142 - Time and manner of ex parte appeals.
An appeal filed under the provisions of 2.141(b) from an expungement or reexamination proceeding must be filed within three months from the issue date of the
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