What are the time limits for filing a patent owner’s statement in ex parte reexamination?

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.

According to MPEP 2254, the patent owner has specific time limits for filing a statement in ex parte reexamination:

• The patent owner has two months from the date of the order for reexamination to file a statement.
• This period may be extended by up to one additional month upon request and payment of the requisite fee.
• If the patent owner does not wish to file a statement, they must file a notice of that intent within the same two-month period.

The MPEP states: “If no statement is filed within the time allowed, the examination will proceed based on the assumption that the patent owner has no statement to be made.”