How can I request an extension of time in a patent application?

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.

To request an extension of time in a patent application, you generally need to file a petition under 37 CFR 1.136(b). The MPEP states:

“Requests for extensions of a set shortened statutory period under 37 CFR 1.136(b) in applications pending in the Technology Center, MPEP § 710.02(e)“

Key points to remember:

• The petition should be filed before the expiration of the set period for response
• You must show sufficient cause for the extension
• Technology Center Directors have the authority to decide these requests
• Different procedures may apply for reexamination proceedings or appeals

Always consult the latest USPTO guidelines and consider seeking legal advice for complex situations.