37 CFR 41.4 — Timeliness
Ninth Edition, Revision 01.2024
- (a) Extensions of time. Extensions of time will be granted only on a showing of good cause except as otherwise provided by rule.
- (b)
Late filings. (1) A late filing that results in either
an application becoming abandoned or a reexamination prosecution becoming
terminated under §§
1.550(d)
or
1.957(b)
of this title or limited under §
1.957(c)
of this title may be revived as set forth
in §
1.137
of this title.
- (2) A late filing that does not result in either an application becoming abandoned or a reexamination prosecution becoming terminated under §§ 1.550(d) or 1.957(b) of this title or limited under § 1.957(c) of this title will be excused upon a showing of excusable neglect or a Board determination that consideration on the merits would be in the interest of justice.
- (c) Scope. This section governs all proceedings before the Board, but does not apply to filings related to Board proceedings before or after the Board has jurisdiction, such as:
[Added, 69 FR 49959, Aug. 12, 2004, effective Sept. 13, 2004; para. (b) revised, 72 FR 18892, Apr. 16, 2007, effective May 16, 2007]
Cited authority
- 37 CFR 1.550 Conduct of ex parte reexamination proceedings
- 37 CFR 1.957 Failure to file a timely, appropriate or complete response or comment in inter partes reexamination
- 37 CFR 1.137 Revival of abandoned application, or terminated or limited reexamination prosecution
- 37 CFR 1.136 Extensions of time
- 37 CFR 41.37 Appeal brief
- 37 CFR 41.41 Reply brief
- 37 CFR 41.47 Oral hearing
- 37 CFR 41.67 Appellant’s brief
- 37 CFR 41.68 Respondent’s brief
- 37 CFR 41.71 Rebuttal brief
- 37 CFR 41.73 Oral hearing
- 37 CFR 1.301 [Reserved]
- 37 CFR 1.304 [Reserved]