How long is the shortened statutory period for replying to a restriction requirement?
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.
According to MPEP 710.02(b), the shortened statutory period for replying to a restriction requirement or election of species (with no action on the merits) is 2 months. The MPEP states: 2 MONTHS (A) Requirement for restriction or election of species only (no action on the merits) …… MPEP §§ 809.02(a) and 817.
This period allows applicants sufficient time to respond to the requirement while maintaining efficient examination procedures.