Are extensions of time available for responding to PTAB requests for additional briefing?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 9 Rules 5 Related FAQs 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. Extensions of time for responding to Patent Trial and Appeal Board (PTAB) requests for additional briefing are limited. According to MPEP 1212 : “ Extensions of time are only available under 37 CFR 1.136(b). “ This means that extensions are not automatically granted and are subject to stricter requirements than standard extensions. Under 37 CFR 1.136(b) , extensions may be granted for “sufficient cause” and must be filed on or before the due date for the response. These extensions are granted at the discretion of the PTAB and are not guaranteed. Related Rules from the Manual of Patent Examining Procedure 9 rules Collapse Extensions of Time Are Only Available Under 37 CFR 1.136(b) MPEP 1212 Response Within Time Period Required to Avoid Appeal Dismissal MPEP 1212 Permitted Appellant Must Address Unidentified Case Law or Prior Art MPEP 1212 Permitted Appellant Must Respond Within Time Limit MPEP 1212 Board Has Discretion to Make Requirement MPEP 1212 Board Can Remand Case After Appellant Response MPEP 1212 Permitted Access to Patent Applications Except PTAB Proceedings MPEP 1002.02(b) PTAB Handles Requests for Interference and Derivation Records MPEP 103 Withdrawal of Remanded Application from Appeal MPEP 1002.02(d) Other Related FAQs 5 FAQs Collapse How can I request an extension of time for my patent application before the Office of Patent Application Processing? What is the time limit for requesting reconsideration of a decision on a petition to revive a reexamination proceeding? What are the consequences of failing to respond to a PTAB request for additional briefing? What authority does the Patent Trial and Appeal Board have to request additional briefing from appellants? How does the PTAB ...