Can a patent owner file a statement after the 2-month deadline in ex parte reexamination?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs 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. No, a patent owner cannot file a statement after the 2-month deadline in ex parte reexamination. The MPEP 2252 clearly states: “The patent owner’s statement that is filed after the 2-month period will not be considered.” This strict deadline is part of the reexamination process to ensure timely proceedings. If the patent owner misses this deadline, they will have to wait for the first Office action to respond and present their arguments or amendments. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Reply by Ex Parte Reexamination Requester Required Before Examination MPEP 2252 Untimely Responses Not Considered in Ex Parte Reexamination MPEP 2252 Proof of Service Requirement for Ex Parte Reexamination Papers MPEP 2252 Required Late Responses May Be Refused Consideration MPEP 2252 Permitted Filing Requirements for Patent Owner’s Statement and Requester’s Reply in Ex Parte Reexamination MPEP 2224 Examiner Must Follow Patent Owner’s Statement Guidance MPEP 2253 Patent Owner Can Propose New Claims in Reexamination MPEP 2254 Permitted Patent Owner Statement Not Considered for Ex Parte Reexamination Determination MPEP 2240 Patent Owner Can Challenge SNQ Determination in Ex Parte Reexamination MPEP 2246 Permitted Patent Owner Can Request Extension for Reexamination Response MPEP 2249 Permitted Other Related FAQs 5 FAQs Collapse What documents are considered prior to examination in ex parte reexamination? What is the deadline for filing responses in ex parte reexamination? How does the examiner consider the patent owner&#8217;s statement in ex parte reexamination? What happens if a patent owner fails to file a statement in response to an ex parte reexamination request? W...