Are extensions of time available for responding to a new ground of rejection by the PTAB?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

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 this title for extensions of time to reply for patent applications and § 1.550(c) of this title for extensions of time to reply for ex parte reexamination proceedings.”

This means that the standard extensions of time under 37 CFR 1.136(a) do not apply to the two-month period for responding to a new ground of rejection. However, extensions may be available under other provisions:

• For patent applications: Extensions may be possible under 37 CFR 1.136(b)
• For ex parte reexamination proceedings: Extensions may be possible under 37 CFR 1.550(c)

It’s important to note that these extensions are not automatic and may require specific justification and approval.