[Code of Federal Regulations]
[Title 37, Volume 1]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 37CFR41.4]

[Page 385-386]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
  CHAPTER I--UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF 
                                COMMERCE
 
PART 41_PRACTICE BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES--Table of Contents
 
                      Subpart A_General Provisions
 
Sec. 41.4  Timeliness.

    (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 Sec. 1.550(d) or Sec. 1.957(b) of this title or 
limited under Sec. 1.957(c) of this title may be revived as set forth 
in Sec. 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 Sec. 1.550(d) or Sec. 1.957(b) of this title or limited under 
Sec. 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:
    (1) Extensions during prosecution (see Sec. 1.136 of this title),
    (2) Filing of a brief or request for oral hearing (see Sec. Sec. 
41.37, 41.41, 41.47, 41.67, 41.68, 41.71 and 41.73), or
    (3) Seeking judicial review (see Sec. Sec. 1.301 to 1.304 of this 
title).

[69 FR 50003, Aug. 12, 2004, as amended at 72 FR 18907, Apr. 16, 2007]

    Effective Date Note: At 73 FR 32973, June 10, 2008, Sec. 41.4 was 
amended by revising paragraphs (b) and (c), effective December 10, 2008. 
For the convenience of the user, the revised text is set forth as 
follows:



              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
  CHAPTER I--UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF 
                                COMMERCE
 
PART 41_PRACTICE BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES--Table of Contents
 
                      Subpart A_General Provisions
 
Sec. 41.4  Timeliness.

                                * * * * *

    (b) Late filings. (1) A request to revive an application which 
becomes abandoned or a reexamination proceeding which becomes terminated 
under Sec. Sec. 1.550(d) or 1.957(b) or (c)

[[Page 386]]

of this title as a result of a late filing may be filed pursuant to 
Sec. 1.137 of this title.
    (2) A late filing that does not result in an application becoming 
abandoned or a reexamination proceeding becoming terminated under 
Sec. Sec. 1.550(d) or 1.957(b) or limited under Sec. 1.957(c) of this 
title may be excused upon a showing of excusable neglect or a Board 
determination that consideration on the merits would be in the interests 
of justice.
    (c) Scope. Except to the extent provided in this part, this section 
governs proceedings before the Board, but does not apply to filings 
related to Board proceedings before or after the Board has jurisdiction 
(Sec. 41.35), such as:
    (1) Extensions during prosecution (see Sec. 1.136 of this title).
    (2) Filing of a notice of appeal and an appeal brief (see Sec. Sec. 
41.31(c) and 41.37(c)).
    (3) Seeking judicial review (see Sec. Sec. 1.301 to 1.304 of this 
title).