How does the USPTO evaluate “sufficient cause” for time extensions in inter partes reexamination?
The USPTO evaluates “sufficient cause” for time extensions in inter partes reexamination by balancing two factors: Providing the patent owner a fair opportunity to respond Adhering to the statutory requirement for special dispatch (35 U.S.C. 314(c)) The MPEP states: “Evaluation of whether “sufficient cause” has been shown for an extension must be made by balancing…
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 MoreWhat are the rules for extending time in inter partes reexamination?
The rules for extending time in inter partes reexamination are governed by 37 CFR 1.956. Key points include: Extensions are granted only for sufficient cause and for a reasonable time. Requests must be filed on or before the day action is due. Filing a request does not automatically grant an extension. Requests must be accompanied…
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