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Author Topic: Non-compliant amendment, time extention maximum  (Read 174 times)


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Non-compliant amendment, time extention maximum
« on: 01-12-18 at 07:42 pm »

I had a disaster claim set from a clueless pro se (claim 2 was about how successful the product was) 😁  After the non-final action, I got an amendment with new claims that were equally bad (also no arguments, no discussion of art, etc). Basically every box in the non-compliant amendment 4a-4d was checked.

I didn't think it was even a bona fide attempt, but wasnt sure and played it safe for the pro ses benefit.

It says he has 2 months to file new claims.  However, it also says they can extend ala 37 CFR 1.136(a), which states up to five months or "maximus set by statute".   I of course know on a normal amendment its three months, but can't exceed six months from the action.  Can they really extend past that 2 months, even when its well after six months since the non-final?

Seems crazy if so, bc people could easily abuse this loophole and get extra time (by "accidently" missing compliance on something).

Im thinking a nom-compliant is rare for attys, but hopefully somebody knows?  Thanks



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