What is the deadline for filing responses in ex parte reexamination?
The deadline for filing responses in ex parte reexamination is set by 37 CFR 1.530 for patent owners and 37 CFR 1.535 for reexamination requesters. As stated in MPEP 2252, “The failure to timely file or serve the documents set forth in § 1.530 or in § 1.535 may result in their being refused consideration.” While the language suggests discretion, patent owners and requesters should expect that late submissions will be refused consideration.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2252 - Consideration Of Statement And Reply,
Patent Law,
Patent Procedure