How long do parties have to correct defects in inter partes reexamination submissions?

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.

Parties typically have one month or thirty days, whichever is longer, from the mailing date of the form PTOL-2069 or equivalent letter to correct defects in their submissions.

The MPEP 2666.50 states: “A time period of one month or thirty days, whichever is longer, from the mailing date of the form PTOL-2069 or equivalent letter will be set in the letter for correcting the defect(s), except as provided in MPEP §§ 2666.05 and 2667.”

It’s important to note that while the patent owner may request an extension of time under 37 CFR 1.956, the third party requester is barred from requesting an extension by statute (35 U.S.C. 314(b)(2)).