How does the extension of time practice differ for third-party requested reexaminations?

The extension of time practice for third-party requested ex parte reexaminations differs from patent owner requested or Director ordered reexaminations in several ways:

• “No cause” extensions for up to two months are not available.
• All requests must be filed on or before the day on which action by the patent owner is due.
• All requests must include a showing of sufficient cause and be for a reasonable time.
• The mere filing of a request does not automatically effect an extension.
• First requests are generally granted for one month if sufficient cause is shown.
• Second or subsequent requests are only granted in extraordinary situations.

The MPEP states: “The extension of time practice under 37 CFR 1.550(c) for patent owner responses in an ex parte reexamination proceeding which has been requested by a third party, i.e., a third party requested ex parte reexamination, remains unchanged under the rules and practices adopted in view of the Patent Law Treaty (PLT).“

This difference is due to third-party requested reexaminations being considered “inter partes proceedings” under the Patent Law Treaty, while patent owner requested and Director ordered reexaminations are not.

To learn more:

• ex parte reexamination
• extension of time
• third-party requested reexamination
• patent law
• USPTO procedures