What is the time period for correcting defective papers in ex parte reexamination?
When an examiner issues a notice of defective paper in ex parte reexamination, a time period is set for correction. According to MPEP 2266.02: “A time period from the mailing date of the notice will be set in the appropriate form (PTOL-475 or PTO-2311) for correction of the defect(s). Extension of time to correct the…
Read MoreHow 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…
Read MoreWhat is required for a showing of sufficient cause in an extension request?
A showing of sufficient cause for an extension request in ex parte reexamination proceedings requires: A full statement of the reasons for the extension. An explanation of what action the patent owner has taken to provide a response as of the date of the request. A justification for why the requested additional time is needed.…
Read MoreHow can an applicant request an extension of time to respond to a notification of refusal?
An applicant can request an extension of time to respond to a notification of refusal in an international design application according to MPEP 2920.05(a). The process is governed by 37 CFR 1.1062(d), which states: “Extensions of time to respond to a notification of refusal are available pursuant to 37 CFR 1.1062 (d).” To request an…
Read MoreWhat is the significance of the Patent Law Treaty (PLT) in after final practice for reexaminations?
The Patent Law Treaty (PLT) has influenced the after final practice in reexaminations, particularly regarding extensions of time. The MPEP states: The present after final practice of providing an automatic two-month extension for filing a response to a final Office action is in conformance with the minimum reply period provisions of the Patent Law Treaty…
Read MoreHow do “no cause” extensions work in patent owner requested or Director ordered ex parte reexaminations?
In patent owner requested or Director ordered ex parte reexaminations, “no cause” extensions work as follows: Patent owners can request an extension of time for up to two months from the time period set in the Office action without providing a showing of sufficient cause. The request must be filed no later than two months…
Read MoreWhat are the rules for extending time in ex parte reexamination proceedings?
The rules for extending time in ex parte reexamination proceedings are as follows: Extensions under 37 CFR 1.136 are not permitted in ex parte reexamination proceedings. Extensions of time are provided for in 37 CFR 1.550(c). Any request for an extension must specify the requested period of extension and be accompanied by the petition fee…
Read MoreHow does the automatic two-month extension work for responses to final rejections in reexamination?
In ex parte reexamination proceedings, an automatic two-month extension is granted for the first response to a final rejection. Key points include: The filing of a timely first response to a final rejection is construed as including a request to extend the shortened statutory period for an additional two months. This applies even if the…
Read MoreWhat are the rules for extending time to file an appeal brief or reply brief in reexamination?
The rules for extending time to file an appeal brief or reply brief in ex parte reexamination are as follows: Extensions are governed by 37 CFR 1.550(c). For patent owner requested or Director ordered reexaminations, a “no cause” extension of up to two months from the time permitted to file the brief can be requested.…
Read MoreHow does the Solicitor handle petitions for extension of time in court matters?
The Solicitor is responsible for deciding petitions for extension of time in specific court matters related to patent cases. According to MPEP 1002.02(k)(3), these petitions pertain to: “Petitions for extension of time in court matters 35 U.S.C. 142 , 145 , and 146 .” These U.S. Code sections refer to: 35 U.S.C. 142: Notice of…
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