2665 Extension of Time for Patent Owner Response
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The time for taking any action by a patent owner in an inter partes reexamination proceeding will be extended only for sufficient cause and for a reasonable time specified. Any request for such extension must be filed on or before the day on which action by the patent owner is due, but in no case will the mere filing of a request effect any extension. Any request for such extension must be accompanied by the petition set forth in § 1.17(g). See § 1.304(a) for extensions of time for filing a notice of appeal to the U.S. Court of Appeals for the Federal Circuit.
The provisions of 37 CFR 1.136(a) and 1.136(b) are NOT applicable to inter partes reexamination proceedings under any circumstances.
The times for filing a notice of appeal or cross-appeal, an appellant brief, a respondent brief, submissions curing a defective appeal or brief, a rebuttal brief, and a request for oral hearing cannot be extended.
The certificate of mailing and the certificate of transmission procedures, and the “Express Mail” mailing procedure, may be used to file a request for extension of time, as well as any other paper in an existing inter partes reexamination proceeding.
Any request for an extension of time in a reexamination proceeding must fully state the reasons therefor.
- The reasons must include:
- (A) a statement of what action the patent owner has taken to provide a response, to date as of the date the request for extension is submitted, and
- (B) why, in spite of the action taken thus far, the requested additional time is needed.
- The statement of (A) must provide a factual accounting of reasonably diligent behavior by all those responsible for preparing a response to the outstanding Office action within the statutory time period.
A request for extension of time under 37 CFR 1.956 will be granted only for sufficient cause, and the request must be filed on or before the day on which action by the patent owner is due.
- In no case, will the mere filing of a request for extension of time automatically effect any extension, because the showing of cause may be insufficient or incomplete.
- In the prosecution of an ex parte reexamination, an automatic two-month extension of time to take further action is granted upon filing a first timely response to a final Office action.
Prosecution will be conducted by initially setting a time period of at least 30 days or one month (whichever is longer).
- First requests for extensions of these time periods will be granted for sufficient cause, and for a reasonable time specified-usually 1 month.
