What should applicants know about recognizing reply due dates for patent applications?
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.
Applicants should be aware that it is their responsibility to recognize the correct reply due date for patent applications, especially when extensions of time are available. The MPEP 710.01(a) emphasizes this point:
Since extensions of time are available pursuant to 37 CFR 1.136(a), it is incumbent upon applicants to recognize the date for reply so that the proper fee for any extension will be submitted.
The USPTO typically indicates the reply due date in Office actions, particularly when the provisions of 37 CFR 1.136(a) are not available. Applicants should carefully note these dates and calculate any necessary extensions to ensure timely filing and payment of appropriate fees.