How does the USPTO handle extension of time requests in reexamination proceedings?
The USPTO handles extension of time requests in reexamination proceedings differently from regular patent applications. According to MPEP 710.02(e):
‘Extensions of time in reexamination proceedings are governed by 37 CFR 1.550(c).’
This means that in reexamination cases:
- Extensions may be available, but they are not granted automatically.
- The requester must show sufficient cause for the extension.
- The USPTO Director must approve the extension request.
It’s important to note that the rules for extensions in reexamination proceedings are more stringent than those for regular patent applications, reflecting the need for expedited processing in these cases.
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