Can the time period for replying to a requirement for information be extended?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10

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.

Yes, the time period for replying to a requirement for information under 37 CFR 1.105 can be extended. MPEP ยง 704.13 provides guidance on this:

Applicant may extend the time period for reply up to six months in accordance with 37 CFR 1.136(a).

This means that while the initial period set for reply might be shorter (typically two months for a standalone requirement), applicants have the option to extend this period up to a maximum of six months from the original due date. Extensions are generally subject to fees and must be properly requested according to USPTO procedures.

Tags: patent examination, reply periods, requirement for information