What are the time limits for filing a patent owner’s statement in ex parte reexamination?
According to MPEP 2254, the patent owner has specific time limits for filing a statement in ex parte reexamination:
- The patent owner has two months from the date of the order for reexamination to file a statement.
- This period may be extended by up to one additional month upon request and payment of the requisite fee.
- If the patent owner does not wish to file a statement, they must file a notice of that intent within the same two-month period.
The MPEP states: “If no statement is filed within the time allowed, the examination will proceed based on the assumption that the patent owner has no statement to be made.”
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2254 - Conduct Of Ex Parte Reexamination Proceedings,
Patent Law,
Patent Procedure