What is the difference between a shortened statutory period for reply and a specified time limit?
The main differences between a shortened statutory period for reply and a specified time limit are:
- Consequences: Failure to reply within a shortened statutory period results in abandonment of the entire application, while failure to take action within a specified time limit may only result in a loss of rights for that particular matter.
- Minimum time: A shortened statutory period under 35 U.S.C. 133 has a 30-day minimum, while a specified time limit can be less than 30 days.
- Extensions: Shortened statutory periods can be extended up to 6 months from the date of the Office action, while specified time limits may have different extension rules.
The MPEP states: As a specified time or time limit is not a shortened statutory period under 35 U.S.C. 133, the Office may specify a time for taking action (or a time limit) of less than the 30 day minimum specified in 35 U.S.C. 133.
This highlights the flexibility in setting specified time limits compared to statutory periods.
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