How are extension of time fees handled in examiner’s amendments?
Extension of time fees can be handled through examiner’s amendments under specific circumstances. The MPEP 1302.04 provides guidance on this process:
“Form paragraph 13.02.02 should be used if an extension of time is required.”
The form paragraph reads:
“An extension of time under 37 CFR 1.136(a) is required in order to make an examiner’s amendment that places this application in condition for allowance. During a conversation conducted on [1], [2] requested an extension of time for [3] MONTH(S) and authorized the Director to charge Deposit Account No. [4] the required fee of $ [5] for this extension and authorized the following examiner’s amendment. Should the changes and/or additions be unacceptable to applicant, an amendment may be filed as provided by 37 CFR 1.312. To ensure consideration of such an amendment, it MUST be submitted no later than the payment of the issue fee.”
This process allows for efficient handling of necessary time extensions during the final stages of patent prosecution, ensuring that the application can be placed in condition for allowance.
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