What is the ‘three-month shortened statutory period’ in patent examination?
The ‘three-month shortened statutory period’ refers to the time frame given to applicants to respond to a final rejection in patent examination. According to MPEP 706.07, ‘The Office action will set a shortened statutory period for reply to a final rejection, which is typically three months.’ This period allows applicants to:
- File a reply under 37 CFR 1.116
- File a request for continued examination (RCE) under 37 CFR 1.114
- Appeal the rejection to the Patent Trial and Appeal Board
Applicants can request extensions of time under 37 CFR 1.136(a), but these come with additional fees.
To learn more: