What is the time frame for patent owners to respond in ex parte reexamination proceedings?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30
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.
According to 37 CFR 1.550(b), “The patent owner in an ex parte reexamination proceeding will be given at least thirty days to respond to any Office action.” This means that patent owners have a minimum of 30 days to submit their response, which may include “further statements and/or proposed amendments or new claims to place the patent in a condition where all claims, if amended as proposed, would be patentable.”
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents
MPEP 2254 - Conduct Of Ex Parte Reexamination Proceedings
Patent Law
Patent Procedure