Can a third party requester get an extension of time in inter partes reexamination?
No, extensions of time are not available to third party requesters in inter partes reexamination proceedings. The MPEP explicitly states:
“It should be noted that extensions of time under 37 CFR 1.956 are not available to the third party requester.”
This limitation is specific to inter partes reexamination and reflects the process’s focus on the patent owner’s response to USPTO actions.
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2665 - Extension Of Time For Patent Owner Response,
Patent Law,
Patent Procedure