How is the timeliness of an applicant’s reply determined?

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.

The timeliness of an applicant’s reply is determined based on several factors:

• The notification or mail date on the Office letter
• The set shortened statutory period for reply
• The full statutory period for reply, if applicable
• Any extended time period obtained under 37 CFR 1.136

According to the MPEP: “Applicant’s reply must be considered timely filed within the set shortened statutory period for reply, or full statutory period for reply if applicable, dating from the notification or mail date on the Office letter or within the extended time period obtained under 37 CFR 1.136.“

For more information on determining timeliness, refer to MPEP § 512, § 513, and § 710 et seq.