What are the time periods for response in an inter partes reexamination proceeding?

The time periods for response in an inter partes reexamination proceeding vary depending on the stage of the process. Here are some key timeframes:

• After a non-Action Closing Prosecution (non-ACP) Office action: The patent owner typically has two months to respond.
• After an Action Closing Prosecution (ACP): The patent owner usually has 30 days or one month (whichever is longer) to file comments or propose amendments.
• For appealing to the Board: Parties have 30 days or one month (whichever is longer) from the mailing date of the Right of Appeal Notice (RAN) to file a notice of appeal.

As stated in the MPEP, The time periods for response and comments for the various stages of an inter partes reexamination proceeding are as follows: (A) After an Office action that is not an Action Closing Prosecution (non-ACP Office action). (1) Patent owner may file a patent owner’s response within the time for response set in the non-ACP Office action. The time period set for response will normally be two (2) months from the mailing date of the action. (MPEP 2662)

To learn more:

• inter partes reexamination
• response periods
• patent procedure
• USPTO