What is the time period for responding to a final rejection in a reexamination?

The statutory period for responding to a final rejection in a reexamination proceeding is typically two months. However, the MPEP provides for an automatic extension in certain cases:

In any ex parte reexamination proceeding, including third party requested reexaminations, patent owner requested reexaminations (including reexaminations ordered under 35 U.S.C. 257) or Director ordered reexaminations, the time period is automatically extended by two months (in accordance with the guidelines set forth in MPEP § 2265) if the response is the first response after the final rejection and a notice of appeal has not yet been filed.

It’s important to note that while this automatic extension is available, the total response period cannot exceed 6 months from the date of the final rejection.

To learn more:

• final rejection
• response time
• reexamination
• patent prosecution
• extension