When do requests for extension of time need to be filed for reexamination?

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Requests for extension of time in the context of reexamination must be filed before an action by the patent owner is due. This is because the reexamination procedure is designed to provide a timely resolution to questions of patentability, often in response to newly discovered prior art or other considerations. By requiring that requests for extensions be made before the patent owner's action is due, the USPTO ensures that the reexamination process remains efficient and that the patent owner has an opportunity to respond within the allotted timeframe.

This stipulation is important as it prevents delays that might arise if extensions could be requested after the due date, which could hinder the progress of the reexamination process. The rules governing reexamination are intended to strike a balance between affording parties the necessary time to prepare their actions while maintaining an orderly and timely examination schedule.

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