What are the rules for extending time to file an appeal brief or reply brief in reexamination?

The rules for extending time to file an appeal brief or reply brief in ex parte reexamination are as follows:

• Extensions are governed by 37 CFR 1.550(c).
• For patent owner requested or Director ordered reexaminations, a “no cause” extension of up to two months from the time permitted to file the brief can be requested.
• For third-party requested reexaminations, all extension requests must show sufficient cause and be for a reasonable time.
• The request must be filed as a separate paper.
• The “day on which action by the patent owner is due” is the last day of the time period permitted to file the brief.

The MPEP states: “For the purposes of requesting an extension of time for filing an appeal brief or a reply brief, the ‘time set in the Office action’ set forth in 37 CFR 1.550(c) is the time permitted to file the brief. The ‘day on which action by the patent owner is due’ set forth in 37 CFR 1.550(c) is the last day of the time period permitted to file the brief.“

It’s important to note that the automatic two-month extension for responses to final rejections does not apply once a notice of appeal has been filed.

To learn more:

• ex parte reexamination
• extension of time
• appeal brief
• reply brief
• patent law