What is the time limit for a third party requester to reply in an ex parte reexamination?

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 2251, a third party requester has two months from the date of service of the patent owner’s statement to file a reply. This time limit is set by 35 U.S.C. 304 and cannot be extended.

The MPEP states: “If the patent owner files a statement in a timely manner, the third party requester is given a period of 2 months from the date of service to reply. Since the statute, 35 U.S.C. 304, provides this time period, there will be no extensions of time granted.”