Can an applicant dispute the USPTO’s determination of reply period dates?
Yes, an applicant can dispute the USPTO’s determination of reply period dates. According to MPEP 711.03(b):
However, the examiner and the applicant may disagree as to the date on which the period for reply commenced to run or ends. In this situation, as in the situation involving sufficiency of reply, the applicant may take issue with the examiner and point out to him or her that his or her holding was erroneous.
If there’s a disagreement about when the reply period started or ended, the applicant has the right to challenge the examiner’s decision and provide evidence supporting their claim.
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