7 U.S.C. § 2442 — Notice of refusal; reconsideration
submitted 56 years ago by Pub. L. 91-577 to r/title-7-AGRICULTURE · 144 words · no verdicts yet
When an examiner refuses an application or makes an objection or requirement, the Secretary must explain it and provide useful information. The applicant may request reconsideration and receives a stated time to respond, with a limited late-response option.
(a) If an application is refused, or the examiner makes an objection or requirement, the Secretary must notify the applicant, state the reasons, and provide information and references that may help decide whether to continue pursuing the application. If the applicant then asks for reconsideration, with or without an amendment, the application must be reconsidered.
(b) After an action other than an allowance is mailed, the applicant must be given at least 30 days and no more than 180 days—or another period set in the refusal or allowed by the Secretary as an extension—to act. Without an extension, the applicant may act up to three months late by paying an additional fee set by the Secretary.
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.
Source credit: (Pub. L. 91–577, title II, § 62, Dec. 24, 1970, 84 Stat. 1549; Pub. L. 103–349, §§ 6, 13(j), Oct. 6, 1994, 108 Stat. 3140, 3143.)
- 1970Enacted · Pub. L. 91-577 · 84 Stat. 1549
- 1994Amended · Pub. L. 103-349 · 108 Stat. 3140, 3143
A history note hasn’t been published yet. The record shows enactment by Pub. L. 91-577 on 1970-12-24.
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