Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
MPEP 2200 – Citation Of Prior Art And Ex Parte Reexamination Of Patents (1)
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:
MPEP 2265 – Extension Of Time (1)
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:
Patent Law (1)
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:
Patent Procedure (1)
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: