How does the response time in ex parte reexamination differ from regular patent examination?
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.
The response time in ex parte reexamination is generally shorter than in regular patent examination. In ex parte reexamination, MPEP 2263 specifies:
“A shortened statutory period of two months will generally be set for filing a response to an Office action in an ex parte reexamination.”
In contrast, regular patent examination typically allows a three-month period for response, which can be extended up to six months. The shorter period in reexamination reflects the need for expedited proceedings to resolve questions of patentability efficiently.