What is the deadline for responding to a final rejection in a patent application?
The deadline for responding to a final rejection in a patent application is typically three months from the date of the final action. However, the MPEP states:
“A SHORTENED STATUTORY PERIOD FOR REPLY TO THIS FINAL ACTION IS SET TO EXPIRE THREE MONTHS FROM THE DATE OF THIS ACTION.”
It’s important to note that this period can be extended, but not beyond six months from the date of the final action. The MPEP further clarifies:
“IN NO EVENT WILL THE STATUTORY PERIOD FOR REPLY EXPIRE LATER THAN SIX MONTHS FROM THE DATE OF THIS FINAL ACTION.”
Applicants should be aware of these deadlines to avoid abandonment of their application.
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