Are extensions of time available for responding to PTAB requests for additional briefing?
Extensions of time for responding to Patent Trial and Appeal Board (PTAB) requests for additional briefing are limited. According to MPEP 1212: “Extensions of time are only available under 37 CFR 1.136(b).“ This means that extensions are not automatically granted and are subject to stricter requirements than standard extensions. Under 37 CFR 1.136(b), extensions may…
Read MoreCan time periods for filing petitions or replies be extended in the appeal process?
The time periods set forth in 37 CFR 41.40 for filing petitions or replies in the appeal process have specific extension rules: These time periods are not extendable under 37 CFR 1.136(a). They are extendable under 37 CFR 1.136(b) for patent applications. For ex parte reexamination proceedings, extensions are possible under 37 CFR 1.550(c). The…
Read MoreHow does litigation or a PTAB trial affect the time extensions for reissue applications?
For reissue applications being examined during litigation or PTAB trials, or after such proceedings have been stayed or dismissed: Applicants are normally given 2 months to reply to Office actions This 2-month period can only be extended upon showing clear justification under 37 CFR 1.136(b) The provisions of 37 CFR 1.136(a) for automatic extensions are…
Read MoreCan the Director of the CRU decide on petitions for extension of time related to court actions?
No, the Director of the Central Reexamination Unit (CRU) does not have the authority to decide on petitions for extension of time related to court actions in reexamination proceedings. According to MPEP 1002.02(c)(4): “Petitions for extension of time in reexamination proceedings (except those related to litigation).” This indicates that while the CRU Director can decide…
Read MoreWhat authority does the Chief Administrative Patent Judge have regarding time extensions in PTAB proceedings?
The Chief Administrative Patent Judge has authority to grant time extensions in various Patent Trial and Appeal Board (PTAB) proceedings. According to MPEP 1002.02(f), this authority includes: Granting extensions of pendency for up to six months in inter partes or post-grant review proceedings Handling petitions for time extensions for seeking rehearing in ex parte appeals…
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