USPTO Will Accept 30-Page Patent Owner Papers Before Ordering Ex Parte Reexams

Overview

• The new option applies to reexamination requests filed on or after April 5, 2026, and the Office is taking public comments through May 30, 2026.
• Patent owners have 30 calendar days from service of the request to file up to 30 pages, and the deadline cannot be extended.
• The paper must focus on why the cited prior art does not raise a substantial new question of patentability, and it cannot argue for § 325(d) discretion or dispute whether a reference is new.
• The filing must be served on the requester with proof of service, and the requester may seek leave to file a 10-page reply within 15 days to address misstatements, with a petition and fee.
• USPTO leaders invoked an “extraordinary situation” created by a spike in ex parte reexams to justify the shift, and practitioners say the move may speed screening yet might mostly shift briefing earlier with uncertain impact on outcomes.