How long do I have to respond to a notice about an unlocatable file?
The time period for responding to a notice about an unlocatable file depends on whether it’s for an application or a patent:
- For applications: The USPTO typically sets a three-month period, which is extendable under 37 CFR 1.136(a) by up to three additional months, for a maximum of six months.
- For patents: A six-month non-extendable period is set.
It’s important to note that for applications, as stated in the MPEP, If, however, an applicant fails to reply to a notice under 37 CFR 1.251 within three months of its mailing date, any patent term adjustment under 35 U.S.C. 154(b) will be reduced by a period equal to the number of days (if any) beginning on the day after the date that is three months after the mailing date of the notice under 37 CFR 1.251 and ending on the date the reply to the notice under 37 CFR 1.251 was filed.
To learn more:
Topics:
MPEP 500 - Receipt and Handling of Mail and Papers,
Patent Law,
Patent Procedure