How do “no cause” extensions work in patent owner requested or Director ordered ex parte reexaminations?

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.

In patent owner requested or Director ordered ex parte reexaminations, “no cause” extensions work as follows:

• Patent owners can request an extension of time for up to two months from the time period set in the Office action without providing a showing of sufficient cause.
• The request must be filed no later than two months from the expiration of the time period set in the Office action.
• The patent owner must specify the requested period of extension (up to two months) and file the request with the required fee within the specified period.
• The mere filing of the request and fee does not automatically grant the extension; the Office must still approve it.

As stated in the MPEP: “Effective December 18, 2013, 37 CFR 1.550(c) was amended to omit the requirement, in patent owner requested or Director ordered ex parte reexamination proceedings, for a showing of sufficient cause in a request for an extension of time for up to two months from the time period set in the Office action, i.e., a ‘no cause’ extension.“

It’s important to note that this “no cause” extension is not available in third-party requested reexaminations.