What is the time limit for responding to a new ground of rejection in an examiner’s answer?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs 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 1207.03(c) , the appellant has two months from the date of the examiner’s answer to respond to a new ground of rejection. The MPEP states: “The two month time period for reply is not extendable under 37 CFR 1.136(a), but is extendable under 37 CFR 1.136(b) for patent applications and 37 CFR 1.550(c) for ex parte reexamination proceedings.” This means that while the standard extension of time provisions do not apply, limited extensions may be available under specific circumstances. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Requirement for New Ground of Rejection in Answer MPEP 1207.03(b) Prohibited Designate New Ground of Rejection Clearly MPEP 1207.01 Required New Ground of Rejection Based on Amendment or Information Disclosure Statement MPEP 1207.04 Permitted Examiner Must Provide Time to Respond to New Rejection MPEP 1207.03(c) Recommended No Time Extensions for Examiner’s Answer Period MPEP 1207 Two-Month Reply Not Extendable for New Grounds of Rejection MPEP 1207.03(c) Two-Month Reply Period Extendable for Patent Applications and Ex Parte Reexaminations MPEP 1207.05 Evidence Must Relate to New Ground of Rejection MPEP 1207 Required TC Director Approval for New Ground of Rejection MPEP 1207.01 Requirement for Responding to New Grounds of Rejection Without Petition MPEP 1207.03(b) Recommended Other Related FAQs 5 FAQs Collapse Can amendments be submitted with a reply brief in response to a new ground of rejection? What happens if an appellant fails to reply to a new ground of rejection? What should be included in a reply brief addressing a new ground of rejection? What are the options for responding to a new ground of rejection in an ex...