Time for Deciding Request Filed under 35 U.S.C. 302
Ninth Edition of the MPEP, Revision 10.2019, Last Revised in June 2020
2241 Time for Deciding Request Filed under 35 U.S.C. 302 [R-07.2015]
The determination of whether or not to reexamine must be made within 3 months following the filing date of a request. See 35 U.S.C. 303(a) and 37 CFR 1.515(a). If the 3-month period ends on a Saturday, Sunday, or federal holiday within the District of Columbia, then the determination must be mailed by the preceding business day. See the last portion of MPEP § 2240 and also see MPEP § 2283 for multiple copending reexamination proceedings. A determination to reexamine may be made at any time during the period of enforceability of a patent.