What are the time limits for filing a patent owner’s statement in ex parte reexamination?

According to MPEP 2254, the patent owner has specific time limits for filing a statement in ex parte reexamination:

  • The patent owner has two months from the date of the order for reexamination to file a statement.
  • This period may be extended by up to one additional month upon request and payment of the requisite fee.
  • If the patent owner does not wish to file a statement, they must file a notice of that intent within the same two-month period.

The MPEP states: “If no statement is filed within the time allowed, the examination will proceed based on the assumption that the patent owner has no statement to be made.”

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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
Tags: ex parte reexamination, Patent Owner Statement, patent procedure, Time Limits