37 C.F.R. 1.645, Extension of time, late papers, stay of proceedings.
This document contains one section of Chapter 37 of the Code of Federal Regulations. This page was last updated in May, 1998. You may return to the main 37 CFR Index, or to the index for one of the follow parts:
part 1 (patents);
1.645 Extension of time, late papers, stay of proceedings.
Except to extend the time for filing a notice of appeal to the U.S. Court of Appeals for the Federal Circuit or for commencing a civil action, a party may file a motion (1.635) seeking an extension of time to take action in an interference. See 1.304(a) for extensions of time for filing a notice of appeal to the U.S. Court of Appeals for the Federal Circuit or for commencing a civil action. The motion shall be filed within sufficient time to actually reach the administrative patent judge before expiration of the time for taking action. A moving party should not assume that the motion will be granted even if there is no objection by any other party. The motion will be denied unless the moving party shows good cause why an extension should be granted. The press of other business arising after an administrative patent judge sets a time for taking action will not normally constitute good cause. A motion seeking additional time to take testimony because a party has not been able to procure the testimony of a witness shall set forth the name of the witness, any steps taken to procure the testimony of the witness, the dates on which the steps were taken, and the facts expected to be proved through the witness.
Any paper belatedly filed will not be considered except upon motion (1.635) which shows good cause why the paper was not timely filed, or where an administrative patent judge or the Board, sua sponte, is of the opinion that it would be in the interest of justice to consider the paper. See 1.304(a) for exclusive procedures relating to belated filing of a notice of appeal to the U.S. Court of Appeals for the Federal Circuit or belated commencement of a civil action.
The provisions of 1.136 do not apply to time periods in interferences.
An administrative patent judge may stay proceedings in an interference.
[49 FR 48416, Dec. 12, 1984, added effective Feb. 11, 1985; 50 FR 23124, May 31, 1985; paras. (a) and (b), 54 FR 29553, July 13, 1989, effective Aug. 20, 1989; paras. (a), (b), & (d) revised, 60 FR 14488, Mar. 17, 1995, effective Apr. 21, 1995]
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