Can the response time for an ex parte reexamination Office action be extended?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29

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.

Yes, the response time for an ex parte reexamination Office action can be extended. According to MPEP 2263:

“An extension of time may be requested under 37 CFR 1.550(c).”

This means that patent owners or their representatives can file a request for an extension of time if they need additional time to respond to the Office action. However, it’s important to note that the extension is not automatic and must be requested according to the procedures outlined in MPEP 2265.

Topics: MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents MPEP 2263 - Time For Response Patent Law Patent Procedure
Tags: Reexam Time Periods