TMEP 715.03(c): Time for Appeal Runs from Issuance Date of Final Action

October 2017 Edition of the TMEP

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715.03(c)    Time for Appeal Runs from Issuance Date of Final Action

Filing a request for reconsideration does not stay or extend the time for responding to a final refusal. See 15 U.S.C. §1062(b); 37 C.F.R. §§2.63(b)(3), 2.142(a).  If the examining attorney denies an applicant’s request for reconsideration, the deadline for filing a notice of appeal to the Board (or petition to the Director if permitted by 37 C.F.R. §2.63(b)(2) ) runs from the issuance date of the final action.  If this deadline has expired and the applicant has not filed a timely appeal or petition, the application will be abandoned due to an incomplete response. 15 U.S.C. §1062(b);  37 C.F.R. §§2.63(b)(4), 2.65(a).  The applicant may not file a petition to revive under 37 C.F.R. §2.66, based on unintentional delay. See TMEP §1714.01(f)(ii)(A).  The applicant’s recourse is to file a petition to the Director under 37 C.F.R. §2.146 to reverse the examining attorney’s holding of abandonment.  However, the Director will reverse the examining attorney’s action on petition only where there has been clear error or an abuse of discretion. See TMEP §1713.01.