Can the time for filing an appeal brief be extended in ex parte reexamination?
Yes, the time for filing an appeal brief in ex parte reexamination can be extended under certain circumstances. The MPEP states:
“In the event that the patent owner finds that he or she is unable to file a brief within the time allowed by the rules, he or she may file a request with the appropriate extension of time fee, to the Central Reexamination Unit (CRU) or Technology Center (TC), requesting additional time.”
The extension can be granted for up to one month in third-party requested reexaminations, and up to two months in patent owner requested or Director ordered reexaminations. Longer extensions may be granted in extraordinary circumstances.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2274 - Appeal Brief,
Patent Law,
Patent Procedure