What is the time period for reply to a final rejection in patent examination?

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.

The time period for reply to a final rejection in patent examination is typically three months from the mailing date of the final action, with possible extensions. Specifically:

• The shortened statutory period is set to expire THREE MONTHS from the mailing date of the final action.
• Extensions of time may be obtained under 37 CFR 1.136(a).
• The maximum period for reply is SIX MONTHS from the mailing date of the final action.

As stated in MPEP 706.07(a) using form paragraph 7.40: “A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.”