What are the rules for responding to Office actions in ex parte reexamination proceedings?

In ex parte reexamination proceedings, the rules for responding to Office actions are governed by 37 CFR 1.550(a) and 37 CFR 1.111. Key points include:

• Patent owners are typically given 2 months to respond to an Office action.
• Extensions of time are only available under 37 CFR 1.550(c).
• The certificate of mailing, certificate of transmission, and Priority Mail Express® mailing procedures may be used.
• Patent owners must serve a copy of any response on the third party requester.

As stated in the MPEP, “The patent owner is required to serve a copy of any response made in the reexamination proceeding on the third party requester. 37 CFR 1.550(f).” This ensures that all parties are kept informed of the proceedings.

To learn more:

• ex parte reexamination
• Office actions
• patent owner response
• time limits
• service requirements