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 MoreHow are requests for extensions of time after Action Closing Prosecution (ACP) handled?
Requests for extensions of time after Action Closing Prosecution (ACP) in inter partes reexamination are handled with caution, especially when related to submitting affidavits. Key points include: Granting an extension does not guarantee acceptance of the affidavit. Examiners may question why the affidavit was not presented earlier. Insufficient showings may result in denial of affidavit…
Read MoreCan a third party requester get an extension of time in inter partes reexamination?
No, extensions of time are not available to third party requesters in inter partes reexamination proceedings. The MPEP explicitly states: “It should be noted that extensions of time under 37 CFR 1.956 are not available to the third party requester.” This limitation is specific to inter partes reexamination and reflects the process’s focus on the…
Read MoreWhat are the time periods for response in ex parte reexamination proceedings?
In ex parte reexamination proceedings, specific time periods are set for responses. According to MPEP 2254: “The time periods set for response are one month (30 days) from the mailing date of the Office action for the patent owner, and one month (30 days) from the date of service for any third party requester.“ However,…
Read MoreWhat are the time extensions available in inter partes reexamination proceedings?
Time extensions in inter partes reexamination proceedings are limited and strictly regulated. The MPEP states: Extensions of time under 37 CFR 1.136(a) will not be permitted in inter partes reexamination proceedings because the provisions of 37 CFR 1.136 apply only to “an applicant” and not to parties in a reexamination proceeding. Key points about time…
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…
Read MoreWhat petitions are decided by the USPTO Solicitor?
The USPTO Solicitor is responsible for deciding on specific types of petitions, primarily related to court matters. According to MPEP 1002.02(k)(3), these include: Petitions for extension of time in court matters under 35 U.S.C. 142, 145, and 146 Petitions relating to ex parte questions in cases before the Court of Appeals for the Federal Circuit…
Read MoreWhat matters are decided by the General Counsel of the USPTO?
The General Counsel of the USPTO is responsible for deciding several important matters, including: Requests for confidentiality waiver under 35 U.S.C. 122 Certain petitions for time extensions related to appeals Petitions regarding enrollment, recognition, and disciplinary matters Appeals and reconsideration requests in practitioner disciplinary proceedings Contested decisions involving the Office of Enrollment and Discipline As…
Read MoreAre time extensions permitted in reissue applications with related litigation?
Generally, time extensions are not permitted in reissue applications with related litigation. The MPEP provides specific language to be used in such cases: “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.” This restriction is applied to ensure that the…
Read MoreHow are time extensions handled in PTAB proceedings?
Time extensions in Patent Trial and Appeal Board (PTAB) proceedings are handled by the Chief Administrative Patent Judge. According to MPEP 1002.02(f), the Chief Administrative Patent Judge is responsible for “Petitions for extension of time in Patent Trial and Appeal Board proceedings.” This means that if a party in a PTAB proceeding requires additional time,…
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