How does the automatic two-month extension work for responses to final rejections in reexamination?

In ex parte reexamination proceedings, an automatic two-month extension is granted for the first response to a final rejection. Key points include:

• The filing of a timely first response to a final rejection is construed as including a request to extend the shortened statutory period for an additional two months.
• This applies even if the response is informal or unsigned.
• The total period for response cannot exceed six months from the date of the final action.
• This automatic extension does not apply once a notice of appeal has been filed.
• The purpose is to give the patent owner time to consider the examiner’s ruling before being required to file a notice of appeal.

The MPEP states: “The filing of any timely first response to a final rejection will be construed as including a request to extend the shortened statutory period for an additional two months, even if the response is informal and/or not signed. An object of this practice is to obviate the necessity for appeal merely to gain time to consider the examiner’s position in reply to a response timely filed after final rejection.“

This practice aligns with the minimum reply period provisions of the Patent Law Treaty (PLT).

To learn more:

• ex parte reexamination
• extension of time
• final rejection
• automatic extension
• patent law