How does the extension of time practice differ for third-party requested 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.

The extension of time practice for third-party requested ex parte reexaminations differs from patent owner requested or Director ordered reexaminations in several ways:

• “No cause” extensions for up to two months are not available.
• All requests must be filed on or before the day on which action by the patent owner is due.
• All requests must include a showing of sufficient cause and be for a reasonable time.
• The mere filing of a request does not automatically effect an extension.
• First requests are generally granted for one month if sufficient cause is shown.
• Second or subsequent requests are only granted in extraordinary situations.

The MPEP states: “The extension of time practice under 37 CFR 1.550(c) for patent owner responses in an ex parte reexamination proceeding which has been requested by a third party, i.e., a third party requested ex parte reexamination, remains unchanged under the rules and practices adopted in view of the Patent Law Treaty (PLT).“

This difference is due to third-party requested reexaminations being considered “inter partes proceedings” under the Patent Law Treaty, while patent owner requested and Director ordered reexaminations are not.