What are the rules for extending time in inter partes reexamination?

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 rules for extending time in inter partes reexamination are governed by 37 CFR 1.956. Key points include:

• Extensions are granted only for sufficient cause and for a reasonable time.
• Requests must be filed on or before the day action is due.
• Filing a request does not automatically grant an extension.
• Requests must be accompanied by the petition fee set in 37 CFR 1.17(g).

As stated in the MPEP: “The time for taking any action by a patent owner in an inter partes reexamination proceeding will be extended only for sufficient cause and for a reasonable time specified.“