What is the maximum extension of time allowed for responding to an Office action?
What is the maximum extension of time allowed for responding to an Office action?
The maximum extension of time allowed for responding to an Office action is generally five months. According to MPEP 710.02(e):
The maximum statutory period for reply to an Office action is 6 months. 35 U.S.C. 133. The maximum period set in an Office action may be no shorter than 30 days, and no longer than 6 months. The maximum extension of time that can be granted is 5 months, giving the applicant a total of 6 months to respond.
This means that if the original Office action sets a shorter period for reply (e.g., 3 months), the applicant can request extensions up to a total of 6 months from the mailing date of the Office action.
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