How are late responses by requesters handled in reexamination proceedings?

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.

Late responses by requesters in reexamination proceedings are not considered and are expunged from the file. According to MPEP 2267:

“Any response subsequent to 2 months from the date of service of the patent owner’s statement will not be considered, and will be expunged.”

This rule is based on 37 CFR 1.535 and 37 CFR 1.540, which govern the timing of requester responses in reexamination proceedings. It’s important for requesters to adhere to these time limits to ensure their responses are considered in the reexamination process.