How can I request an extension of time in an ex parte reexamination proceeding?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

To request an extension of time in an ex parte reexamination proceeding, you need to file a petition under 37 CFR 1.550(c). The MPEP states:

“Petitions under 37 CFR 1.550(c) for an extension of time in ex parte reexamination proceedings (further delegated to SPRS).”

This means that:

• The petition should be filed citing 37 CFR 1.550(c) as the basis for the request.
• The decision on such petitions is delegated to the Supervisory Patent Reexamination Specialists (SPRS) in the Central Reexamination Unit.

It’s important to note that extensions of time in reexamination proceedings are not granted automatically and are subject to the discretion of the USPTO. Be sure to provide a clear justification for why the extension is needed when filing your petition.