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 be granted for “sufficient cause” and must be filed on or before the due date for the response. These extensions are granted at the discretion of the PTAB and are not guaranteed.
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