Can a patent owner file a statement after the 2-month deadline in ex parte reexamination?
No, a patent owner cannot file a statement after the 2-month deadline in ex parte reexamination. The MPEP 2252 clearly states:
“The patent owner’s statement that is filed after the 2-month period will not be considered.”
This strict deadline is part of the reexamination process to ensure timely proceedings. If the patent owner misses this deadline, they will have to wait for the first Office action to respond and present their arguments or amendments.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2252 - Consideration Of Statement And Reply,
Patent Law,
Patent Procedure