---
kind: "section"
citation: "37 C.F.R. § 41.4"
title: "37"
number: "41.4"
heading: "Timeliness."
url: "https://uscodex.org/cfr/37/41.4"
---

# §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 [§ 1.550(d)](/cfr/37/1.550.md?p=d) or [§ 1.957(b)](/cfr/37/1.957.md?p=b) of this title or limited under [§ 1.957(c)](/cfr/37/1.957.md?p=c) of this title may be revived as set forth in [§ 1.137](/cfr/37/1.137.md) of this title.
  - (2) A late filing that does not result in either an application becoming abandoned or a reexamination prosecution becoming terminated under [§ 1.550(d)](/cfr/37/1.550.md?p=d) or [§ 1.957(b)](/cfr/37/1.957.md?p=b) of this title or limited under [§ 1.957(c)](/cfr/37/1.957.md?p=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 [§ 1.136](/cfr/37/1.136.md) of this title),
  - (2) Filing of a brief or request for oral hearing (see §§ [41.37](/cfr/37/41.37.md), [41.41](/cfr/37/41.41.md), [41.47](/cfr/37/41.47.md), [41.67](/cfr/37/41.67.md), [41.68](/cfr/37/41.68.md), [41.71](/cfr/37/41.71.md) and [41.73](/cfr/37/41.73.md)), or
  - (3) Seeking judicial review (see [§§ 1.301 to 1.304](/cfr/37/1.301..1.304.md) of this title).

## Notes

### Amendments

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

### Authority

Authority: 35 U.S.C. 2(b)(2), 3(a)(2)(A), 21, 23, 32, 41, 134, 135, and Public Law 112-29.

### Source

Source: 69 FR 50003, Aug. 12, 2004, unless otherwise noted.

### Amendments

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