What is required for a showing of sufficient cause in an extension request?
A showing of sufficient cause for an extension request in ex parte reexamination proceedings requires:
- A full statement of the reasons for the extension.
- An explanation of what action the patent owner has taken to provide a response as of the date of the request.
- A justification for why the requested additional time is needed.
- A factual accounting of reasonably diligent behavior by all those responsible for preparing a response within the statutory time period.
The MPEP states: “Any request for an extension of time, except for the ‘no cause’ extension in patent owner requested or Director ordered reexamination provided in 37 CFR 1.550(c), must fully state the reasons therefor. The reasons must include a statement of what action the patent owner has taken to provide a response as of the date the request for extension is submitted, and why, in spite of the action taken thus far, the requested additional time is needed.“
It’s important to note that the evaluation of sufficient cause must balance the need to provide the patent owner with a fair opportunity to present an argument against the requirement for special dispatch in reexamination proceedings.
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