What is the deadline for filing a respondent brief in an inter partes reexamination?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30

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.

According to MPEP 2675.01, the deadline for filing a respondent brief in an inter partes reexamination is as follows:

“The respondent brief is due one month after the date of service of the appellant’s brief. The time for filing a respondent brief may not be extended.”

It’s crucial to note that this deadline is strictly enforced, and extensions are not permitted. Patent owners and third-party requestors should ensure they submit their respondent brief within this one-month timeframe to avoid potential consequences.

Topics: MPEP 2600 - Optional Inter Partes Reexamination MPEP 2675.01 - Respondent Brief Patent Law Patent Procedure
Tags: filing deadline, inter partes reexamination, patent procedure, Respondent Brief