Can the page limit for a respondent brief be waived in inter partes reexamination?

The MPEP 2675.01 addresses the possibility of waiving the page limit for respondent briefs in inter partes reexamination:

“A request for waiver of the page limit for a respondent brief will be decided by a Board member and may be granted when a party can show good cause.”

This means that while there is a standard page limit for respondent briefs, it is possible to request a waiver under certain circumstances. To do so:

• The party must demonstrate good cause for exceeding the page limit
• The request will be reviewed and decided by a Board member
• Approval is not guaranteed and depends on the merits of the request

Parties should carefully consider whether their case truly requires additional pages before requesting a waiver, as concise arguments are generally preferred.

To learn more:

• respondent brief
• page limit
• waiver request
• inter partes reexamination