Time for appeal or civil action.

§ 90.3 Time for appeal or civil action. (a) Filing deadline. (1) For an appeal under 35 U.S.C. 141. The notice of appeal filed pursuant to 35 U.S.C. 142 must be filed with the Director of the United States Patent and Trademark Office no later than sixty-three (63) days after the date of the final Board decision. Any notice of cross-appeal is controlled by Rule 4(a)(3) of the Federal Rules of Appellate Procedure, and any other requirement imposed by the Rules of the United States Court of Appeals for the Federal Circuit. (2) For a notice of election under 35 U.S.C. 141(d). The time for filing a notice of election under 35 U.S.C. 141(d) is governed by 35 U.S.C. 141(d). (3) For a civil action under 35 U.S.C. 145 or 146. (i) A civil action must be commenced no later than sixty-three (63) days after the date of the final Board decision. (ii) The time for commencing a civil action pursuant to a notice of election under 35 U.S.C. 141(d) is governed by 35 U.S.C. 141(d). (b) Time computation. (1) Rehearing. A timely request for rehearing will reset the time for appeal or civil action to no later than sixty-three (63) days after action on the request. Any subsequent request for rehearing from the same party in the same proceeding will not reset the time for seeking judicial review, unless the additional request is permitted by order of the Board. (2) Holidays. If the last day for filing an appeal or civil action falls on a Federal holiday in the District of Columbia, the time is extended pursuant to 35 U.S.C. 21(b). (c) Extension of time. (1) The Director, or his designee, may extend the time for filing an appeal, or commencing a civil action, upon written request if: (i) Requested before the expiration of the period for filing an appeal or commencing a civil action, and upon a showing of good cause; or (ii) Requested after the expiration of the period for filing an appeal of commencing a civil action, and upon a showing that the failure to act was the result of excusable neglect. (2) The request must be filed as provided in § 104.2 of this title. 37 CFR Ch. I (7–1–23 Edition) Index III INDEX III—RULES RELATING TO PRACTICE BEFORE THE PATENT AND TRADEMARK OFFICE Editorial Note: This listing is provided for informational purposes only. It is compiled and kept current by the Department of Commerce. This index is updated as of July 1, 2023. Section A Address change 11.11 Advertising 11.701, 11.702, 11.703, 11.704 Agreements restricting practice 11.506 Aliens 11.6, 11.7, 11.9, 11.14 Applicant for patent, representation of 1.31, 11.10 Applicant for trademark, representation of 2.11 Attorney, status change from agent 11.7 Attorneys, recognition of to practice in trademark matters 11.14 Attorneys, registration of to practice in patent matters 11.6, 11.7, 11.9 B Breach of trust 11.7, 11.804 Business transactions or relations with client 11.108 C Candidate for judicial office 11.802 Certificate of mailing 1.8, 11.18 Circumventing a disciplinary rule 11.804 Rules of Professional Conduct 11.101–11.901 Committee on Discipline 11.2, 11.11, 11.22, 11.23, 11.32 Communicating with person having adverse interest 11.401, 11.402, 11.403 Communications concerning practitioner's service 11.701, 11.702, 11.703, 11.704 Compensation for legal services 11.105, 11.108 Competence 11.101, 11.103 Complaint instituting disciplinary proceedings 11.32, 11.34 Concealment of material information 11.303, 11.304, 11.801, 11.804 Conduct in proceeding before Office 11.303, 11.304, 11.804 Conduct prejudicial to the administration of justice 11.804 Conflict of interest 11.107, 11.108, 11.109, 11.110, 11.111 Conviction of criminal offense 11.7, 11.19, 11.25, 11.804 D Deceit 11.804 Decisions of the USPTO Director 11.56, 11.57 Definitions: Agent 11.6 Attorney 11.1, 11.6 Director of Enrollment and Discipline 11.1 Grievance 11.1 Fraud 11.1 Law firm 11.1 Lawyer 11.1 Office 11.1 Partner 11.1 Person 11.1 Practitioner 11.1 Proceeding before the Office 11.1 Register 11.1 Registration 11.1 Respondent 11.34 Roster 11.1 State 11.1 Tribunal 11.1 Writing 11.1 United States 11.1 Designation as registered attorney or agent 11.704 Direct contact with prospective clients 11.703 Director of Enrollment and Discipline 11.2 Review of decisions of the Director 11.2 Disability inactive status 11.19, 11.20, 11.29 Disbarment from practice on ethical grounds 11.7, 11.19, 11.24 Discharge of attorney or agent by client 11.116 Disciplinary Proceedings and Investigations: Administrative Procedures Act 11.32, 11.39, 11.44 Amendment of complaint 11.45 Answer to complaint 11.36 Appeal of initial decision of Hearing officer 11.55 Burden of proof 11.49 Certificate of mailing 1.8, 11.41, 11.42 Complaint 11.34 Contested case 11.38 Deliberations of Committee on Discipline 11.23 Discovery (see also Discovery in Disciplinary Proceedings) 11.52 Exception to ruling 11.50 Filing papers after complaint filed 11.41 Hearing officer 11.39 Hearings before hearing officer 11.39, 11.44 Initial decision of hearing officer 11.39, 11.54 Instituting a disciplinary proceeding 11.32 Investigations of violations of disciplinary rules 11.2, 11.22 Notice of suspension or exclusion of practitioner 11.59 Objections to evidence 11.50 Post hearing memorandum 11.53 Pre-hearing statement 11.52 Reinstatement of suspended or excluded practitioner 11.60 Reprimand of registered attorney or agent 11.20, 11.59 Resignation of practitioner 11.11 Review of decision denying reinstatement of practitioner 11.2 Review of interlocutory orders by Administrative Law Judge 11.39 Review of USPTO Director's final decision 11.57 Savings clause 11.901 Service of complaint 11.35 Settlement of complaint 11.26 Stay pending review of interlocutory order 11.39 Discourteous conduct 11.804 Discovery in Disciplinary Proceedings: Copying of documents 11.52 Depositions 11.39, 11.50, 11.51 Evidence 11.50, 11.52 Impeachment 11.52 Inspection of documents 11.52 Interrogatories 11.52 Motions filed with hearing officer 11.39, 11.43, 11.52 Privileged information 11.52 Undue delay in proceedings 11.52 Diversion 11.22, 11.30 Division of legal fees 11.105, 11.108 Duress, use of 11.27, 11.703 E Employee testimony. (See Testimony by Office employee) Employment: Declining or terminating representation 11.116 Failure to carry out contract 11.103 Refusing employment 11.107, 11.108, 11.109, 11.110, 11.307 Withdrawal from representation 11.107, 11.108, 11.109, 11.110, 11.116, 11.307 Exception to ruling 11.50 Excessive legal fees 11.105 Exclusion of practitioner 11.20, 11.27, 11.58 F Faculty Clinic Supervisor 11.16, 11.17 Failure to disclose material fact with regard to registration 11.801 Failure to notify client 11.104, 11.804 False accusations 11.401, 11.804 False statements concerning officials 11.401, 11.802, 11.804 Fees: In general 1.21 Extension of time to schedule registration examination 11.7, 11.9 Petition to review decision of Director of Enrollment and Discipline 11.2 Registration 11.8 Registration examination 11.7 Reinstatement 11.11, 11.60 Fees for legal services 11.105 Firm name, use of 11.705 Fitness to practice before the Office 11.803, 11.804 Foreigners 11.6, 11.7, 11.9, 11.14 Former Patent and Trademark Office employees 11.7, 11.10, 11.111 Fraud or inequitable conduct 11.102, 11.106, 11.116, 11.303, 11.401, 11.804 Funds of client, preserving identity of 11.105, 11.115 G Gift, improperly bestowing 11.108 Government employees, registration of to practice in patent matters 11.10, 11.111 H Hearings 11.39, 11.44 I Illegal conduct involving moral turpitude 11.7, 11.804 Illegal fees for services 11.105 Immigration status 11.6, 11.7, 11.9, 11.14 Improper alteration of patent application 11.303, 11.304, 11.804 Improper execution of oath or declaration 11.303, 11.304, 11.804 Improper influence 11.305, 11.804 Improper signature 11.18 Incompetence 11.101, 11.103 Independent professional judgment, exercise of 11.107, 11.108, 11.109, 11.110, 11.307, 11.504 Individual unqualified in respect to character, education, etc. 11.7, 11.7, 11.801, 11.804 Influence by others than client 11.107, 11.108, 11.109, 11.110, 11.307, 11.504 Information precluding registration, failure to disclose 11.7, 11.801 Initial decision of Administrative Law Judge 11.39, 11.54 Integrity and competence of the legal profession, maintaining of 11.801 Interest in litigation or proceeding before Office, acquiring of 11.108 Investigations of violations of disciplinary rules 11.2, 11.22 J Judicial office, candidate for 11.802 Jurisdiction, disciplinary 11.19 L Law school students 11.16 Law School Clinic Certification Program 11.16, 11.17 Legal Fees: Division of 11.105 Failure to pay 11.116 Sharing of 11.105, 11.504 Letterheads, use of 11.705 Limited recognition to practice in patent matters 11.9 M Malpractice, prospectively limiting client's liability therefor 11.108 Materially false statements in application for registration 11.801 Misappropriation of funds 11.804, 11.115 Misconduct 11.804 Misrepresentations 11.7, 11.701, 11.804 Multiple employment 11.107, 11.108, 11.109, 11.110 N Neglecting legal matters 11.101, 11.103, 11.104 Non-practitioner, formation of partnership with 11.117, 11.504 Notice of suspension or exclusion 11.59 O Oath requirement 11.8 Officials, contact with 11.305 P Petitions Fees in general 1.21 Reinstatement 11.9, 11.11, 11.60 Reinstatement of limited recognition 11.11 Review decision of USPTO Director 11.57 Review decision of Director of Enrollment and Discipline 11.2 Suspension of rules 11.3 Practitioner responsibilities 11.501, 11.502 Preserving secrets and confidences of client 11.106, 11.109, 11.118 Pro-se applicant 1.31, 2.11 Property of client 11.115 Proprietary interest in subject matter 11.108 Publication 11.11, 11.35, 11.59, 11.60 R Recognition to Practice Before the Patent and Trademark Office: Agents , 11.6, 11.7, 11.14 Aliens 11.6, 11.7, 11.9, 11.14 Attorneys 11.6, 11.7, 11.14 Change of address, requirement to notify Director 11.11 Suspended or excluded practitioner 11.60 Examination for registration in patent matters 11.7, 11.9 Examination fee 11.7 Foreigners 11.6, 11.7, 11.9, 11.14 Former Patent and Trademark Office employees 11.7, 11.10, 11.111 Government employees 11.10, 11.111 Limited recognition in patent matters 11.9 Non-lawyers, recognition in trademark matters 11.14 Patent matters 11.6, 11.9, 11.10 Recognition for representation 1.34, 2.17, 11.6, 11.14 Recognition to practice 11.6, 11.7, 11.9, 11.14 Refusal to recognize practitioner 11.15 Register of attorneys and agents in patent matters 11.5 Registration fee 11.8 Registration number 11.11 Removal of attorneys and agents from the register 11.11 Representation by registered attorney or agent in patent matters 1.31 Requirements for registration 11.7 Review of Director's decision refusing registration 11.2 Trademark matters 11.14 Unauthorized representation by an agent , 11.10, 11.505, 11.704 Records, property and funds of client, maintaining of 11.115 Registration statement, biennial submission 11.11 Reinstatement after removal from the register 11.2, 11.11 Reinstatement of suspended or excluded practitioner 11.60 Reporting professional misconduct 11.803 Representation, declining or terminating 11.116 Representing client within bounds of the law 11.102, 11.301, 11.302, 11.303, 11.304, 11.401, 11.404 Reprimand of registered attorney or agent 11.20 Resignation 11.11 Revocation of registration to practice patent matters 11.11 S Safekeeping of property 11.115 Secrets and confidence, preservation of clients 11.106, 11.109 Service of papers 11.42 Service of process: Acceptance of service of process 11.42, 104.12 Definition Scope and purpose 104.11 Settlement of claims of clients 11.108 Settlement of disciplinary claims 11.26 Sharing legal fees 11.105, 11.504 Signature and certificate of practitioner 11.18 Solicitation 11.703 Statement concerning officials, making false 11.401, 11.802, 11.804 Suspension of practitioner 11.11, 11.20, 11.24, 11.25, 11.58 Suspension of rules 11.3 Time, computing 11.4 T Testimony of Office employees: Definition 104.1 General rule 104.21 Office policy 104.22 Proceedings involving the United States 104.23 Production of documents 104.22 Scope 104.11 Subpoena of Office employees 104.2 Threats, use of 11.804 Trial Publicity 11.306 U Unauthorized practice 11.5, 11.14, 11.505, 11.701, 11.704 V Videoconference for hearings 11.44 Violating duty of candor 11.106, 11.303 Violation of disciplinary rule, misconduct 11.804 W Witnesses 11.304, 11.307 Z Zealously representing the client 11.102, 11.103, 11.404 37 CFR Ch. I (7–1–23 Edition) U.S. Patent and Trademark Office, Commerce