Can the page limit for a respondent brief be waived 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.

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.