Can an applicant request an extension of time to respond to a restriction requirement?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27
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, an applicant can request an extension of time to respond to a restriction requirement. According to MPEP 818.01(a):
“A shortened statutory period will be set for reply to a written restriction requirement. Extensions of time may be requested under 37 CFR 1.136.”
This means that:
- The USPTO typically sets a shortened statutory period for responding to a restriction requirement.
- Applicants can request extensions of time under 37 CFR 1.136.
- Extensions may be granted for up to six months from the original due date.
- Fees may apply for extension requests.
It’s important to note that while extensions are available, timely responses are generally preferred to avoid potential delays in the examination process.