What is the statutory period for replying to a written restriction requirement in a patent application?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs 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 statutory period for replying to a written restriction requirement in a patent application is specified in MPEP 810 : “A 2-month shortened statutory period will be set for reply when a written restriction requirement is made without an action on the merits. This period may be extended under the provisions of 37 CFR 1.136(a) .” Key points about the statutory period: The initial period is set at 2 months This is a shortened statutory period It applies when the restriction requirement is made without an action on the merits The period can be extended under 37 CFR 1.136(a) Applicants should be aware of this timeframe and the possibility of extension when responding to restriction requirements. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Extension of Time for Reply to Restriction Requirement MPEP 810 Permitted 2-Month Reply Period for Written Restriction Without Merits Action MPEP 810 Restriction Requirement Should Be Made Final Promptly MPEP 810 Recommended Complete Action on Elected Claims When Made Via Phone MPEP 810 Final Restriction Requirement Includes Merits Action MPEP 810 Restriction Requirement Made Final After Traversal MPEP 810 No Merit Action for Nonfinal Restriction MPEP 810 Restriction Requirement for Species Election and Restriction Practice MPEP 803.03 Invention Restriction Requirement MPEP 802.01 Prohibited Petition to Traverse Restriction Requirement MPEP 803.03 Other Related FAQs 5 FAQs Collapse Are there exceptions to comprehensive patent examination? When should a restriction requirement be made final in a patent application? What is the general procedure for action on the merits in a patent application with a restriction requirement? Ho...