How does the USPTO evaluate “sufficient cause” for time extensions in inter partes reexamination?

The USPTO evaluates “sufficient cause” for time extensions in inter partes reexamination by balancing two factors:

1. Providing the patent owner a fair opportunity to respond
2. Adhering to the statutory requirement for special dispatch (35 U.S.C. 314(c))

The MPEP states: “Evaluation of whether “sufficient cause” has been shown for an extension must be made by balancing the desire to provide the patent owner with a fair opportunity to respond, against the requirement of the statute, 35 U.S.C. 314(c), that the proceedings be conducted with special dispatch.“

Requests must include:

• A statement of actions taken to provide a response
• An explanation of why additional time is needed
• A factual accounting of reasonably diligent behavior by all responsible parties

To learn more:

• sufficient cause
• time extensions
• inter partes reexamination
• USPTO evaluation