What are the time periods for response in ex parte reexamination proceedings?

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.

In ex parte reexamination proceedings, specific time periods are set for responses. According to MPEP 2254:

“The time periods set for response are one month (30 days) from the mailing date of the Office action for the patent owner, and one month (30 days) from the date of service for any third party requester.“

However, it’s important to note that these periods can be extended:

• Extensions of time may be requested under 37 CFR 1.550(c).
• The patent owner may request up to two months of extension.
• Third party requesters are limited to a single one-month extension.

These time periods ensure that the reexamination proceeding moves forward efficiently while allowing reasonable time for parties to prepare and submit their responses.