What happens if I miss the response deadline in an ex parte reexamination?
Missing the response deadline in an ex parte reexamination can have serious consequences. While MPEP 2263 doesn’t explicitly state the consequences, it’s important to note that:
“A shortened statutory period of two months will generally be set for filing a response to an Office action in an ex parte reexamination.”
Failing to respond within this period or obtain an extension could result in the reexamination proceeding without considering the patent owner’s arguments, potentially leading to unfavorable outcomes. It’s crucial to either respond within the given timeframe or request an extension under 37 CFR 1.550(c) before the deadline expires.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2263 - Time For Response,
Patent Law,
Patent Procedure