Whenever an application is refused, or any objection or requirement made by the examiner, the Secretary shall notify the applicant thereof, stating the reasons therefor, together with such information and references as may be useful in judging the propriety of continuing the prosecution of the application; and if after receiving such notice the applicant requests reconsideration, with or without amendment, the application shall be reconsidered.
For taking appropriate action after the mailing to an applicant of an action other than allowance, the applicant shall be allowed at least 30 days, and not more than 180 days, or such other time as the Secretary shall set in the refusal, or such time as the Secretary may allow as an extension. Without such extension, action may be taken up to three months late by paying an additional fee to be prescribed by the Secretary.
Pub. L. 91–577, title II, § 6284 Stat. 1549Pub. L. 103–349108 Stat. 3140(, , ; , §§ 6, 13(j), , , 3143.)
Editorial Notes
Amendments
Pub. L. 103–3491994—Subsec. (b). in first sentence substituted “mailing to an applicant” for “mailing to him”, “the applicant shall” for “an applicant shall”, “at least 30 days, and not more than 180 days” for “six months”, “the Secretary shall” for “the Secretary in exceptional circumstances shall”, and “as the Secretary may” for “as he may”.
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment
Pub. L. 103–349section 15 of Pub. L. 103–349section 2401 of this titleAmendment by effective 180 days after , see , set out as a note under .