What is the maximum extension of time allowed for responding to an Office action?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 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. The maximum extension of time allowed for responding to an Office action is generally five months . According to MPEP 710.02(e) : The maximum statutory period for reply to an Office action is 6 months. 35 U.S.C. 133. The maximum period set in an Office action may be no shorter than 30 days, and no longer than 6 months. The maximum extension of time that can be granted is 5 months , giving the applicant a total of 6 months to respond. This means that if the original Office action sets a shorter period for reply (e.g., 3 months), the applicant can request extensions up to a total of 6 months from the mailing date of the Office action. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Extension of Time for Reply in Interference Proceedings MPEP 710.02(e) Extension of Time for Reply After Final Rejection MPEP 710.02(e) Permitted Reply Period Ends 6 Months From Final Action MPEP 710.02(e) Due Date for Reply Computed from Final Rejection Date MPEP 710.02(e) Requirement for Extension of Time MPEP 710.02(e) Advisory Action Mailing Date Determines Statutory Period MPEP 710.02(e) Permitted Notification in Office Action Prohibits Extension Request MPEP 710.02(e) Prohibited Request for Extension to Reply to Office Action MPEP 710.02(e) Extension of Time for Late Reply Allowed MPEP 710.02(e) Permitted Petition for Extension of Time Is Constructive MPEP 710.02(e) Other Related FAQs 5 FAQs Collapse Can I request an extension of time after the original due date has passed? How does the USPTO handle extension of time requests in reexamination proceedings? Can extensions of time be obtained automatically in patent applications? How do I calculate the due date for responding to an O...