Can the time for filing a notice of appeal or cross appeal be extended in inter partes 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.

No, the time for filing a notice of appeal or cross appeal in inter partes reexamination cannot be extended. The MPEP 2674 clearly states:

“Pursuant to 37 CFR 41.61(e), the time for filing a notice of appeal may not be extended.”

Similarly, for cross appeals:

“Pursuant to 37 CFR 41.61(e), the time for filing a notice of cross appeal may not be extended.”

This strict adherence to deadlines ensures that the inter partes reexamination process proceeds efficiently and without unnecessary delays.