Are extensions of time available for responding to an Examiner’s Answer in patent reexamination?
Extensions of time for responding to an Examiner’s Answer in patent reexamination proceedings are available, but they are subject to specific rules. According to MPEP § 2275: “Extensions of time under § 1.136(a) of this title for patent applications are not applicable to the time period set forth in this section. See § 1.136(b) of…
Read MoreAre extensions of time permitted for reissue applications with related stayed litigation?
No, extensions of time are generally not permitted for reissue applications with related stayed litigation. The MPEP 1442.03 provides a form paragraph (14.07) that examiners may use to address such situations: “Due to the related litigation status of this reissue application, EXTENSIONS OF TIME UNDER THE PROVISIONS OF 37 CFR 1.136(a) WILL NOT BE PERMITTED.”…
Read MoreAre extensions of time available for responding to a new ground of rejection by the PTAB?
Extensions of time for responding to a new ground of rejection by the Patent Trial and Appeal Board (PTAB) are not automatically available. According to MPEP 1213.02: “Extensions of time under § 1.136(a) of this title for patent applications are not applicable to the time periods set forth in this section. See § 1.136(b) of…
Read MoreHow does the USPTO handle extensions of time in accelerated examination?
How does the USPTO handle extensions of time in accelerated examination? The USPTO has specific guidelines for handling extensions of time in accelerated examination: Extensions of time under 37 CFR 1.136(a) are not permitted in accelerated examination. Extensions of time under 37 CFR 1.136(b) may be authorized in limited circumstances. Any request for an extension…
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