What is the time limit for a third party requester to reply in an ex parte reexamination?
According to MPEP 2251, a third party requester has two months from the date of service of the patent owner’s statement to file a reply. This time limit is set by 35 U.S.C. 304 and cannot be extended.
The MPEP states: “If the patent owner files a statement in a timely manner, the third party requester is given a period of 2 months from the date of service to reply. Since the statute, 35 U.S.C. 304, provides this time period, there will be no extensions of time granted.”
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2251 - Reply By Third Party Requester,
Patent Law,
Patent Procedure