MPEP § 710.02(b) — Shortened Statutory Period: Situations in Which Used (Annotated Rules)

§710.02(b) Shortened Statutory Period: Situations in Which Used

USPTO MPEP version: BlueIron's Update: 2025-12-31

This page consolidates and annotates all enforceable requirements under MPEP § 710.02(b), including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.

Shortened Statutory Period: Situations in Which Used

This section addresses Shortened Statutory Period: Situations in Which Used. Primary authority: 35 U.S.C. 133 and 35 U.S.C. 133). Contains: 4 requirements, 1 prohibition, 2 permissions, and 2 other statements.

Key Rules

Topic

Shortened Statutory Period

4 rules
StatutoryInformativeAlways
[mpep-710-02-b-36848512ea1a0f7ad71012d5]
Examiner Must Set Shortened Reply Period for Every Action
Note:
The examiner is required to set a shortened period for responding to every action under the authority of 35 U.S.C. 133.

Under the authority given him or her by 35 U.S.C. 133, the Director of the USPTO has directed the examiner to set a shortened period for reply to every action. The length of the shortened statutory period to be used depends on the type of reply required. Some specific cases of shortened statutory periods for reply are given below. These periods may be changed under special, rarely occurring circumstances.

Jump to MPEP SourceShortened Statutory PeriodSix Month Statutory PeriodPeriod for Reply (37 CFR 1.134)
StatutoryRequiredAlways
[mpep-710-02-b-ce0ba2e7e3ff4608bca35339]
Length of Shortened Statutory Period Depends on Reply Type
Note:
The duration of the shortened statutory period for reply varies based on the specific type of response required.

Under the authority given him or her by 35 U.S.C. 133, the Director of the USPTO has directed the examiner to set a shortened period for reply to every action. The length of the shortened statutory period to be used depends on the type of reply required. Some specific cases of shortened statutory periods for reply are given below. These periods may be changed under special, rarely occurring circumstances.

Jump to MPEP SourceShortened Statutory PeriodStatutory Period Computation (37 CFR 1.134)Period for Reply (37 CFR 1.134)
StatutoryInformativeAlways
[mpep-710-02-b-8a0ee051b0a2eb2e9ce2cf18]
Shortened Statutory Period for Reply
Note:
The Director of the USPTO directs examiners to set a shortened period for reply to actions, depending on the type of required response.

Under the authority given him or her by 35 U.S.C. 133, the Director of the USPTO has directed the examiner to set a shortened period for reply to every action. The length of the shortened statutory period to be used depends on the type of reply required. Some specific cases of shortened statutory periods for reply are given below. These periods may be changed under special, rarely occurring circumstances.

Jump to MPEP SourceShortened Statutory PeriodStatutory Period Computation (37 CFR 1.134)Six Month Statutory Period
StatutoryPermittedAlways
[mpep-710-02-b-1d03a0411f43cf0a1e7f790b]
Shortened Statutory Period May Be Adjusted Under Rare Conditions
Note:
The Director of the USPTO can modify the shortened statutory period for reply under special and rarely occurring circumstances.

Under the authority given him or her by 35 U.S.C. 133, the Director of the USPTO has directed the examiner to set a shortened period for reply to every action. The length of the shortened statutory period to be used depends on the type of reply required. Some specific cases of shortened statutory periods for reply are given below. These periods may be changed under special, rarely occurring circumstances.

Jump to MPEP SourceShortened Statutory PeriodSix Month Statutory PeriodStatutory Period Computation (37 CFR 1.134)
Topic

Reply Period and Extensions

2 rules
StatutoryPermittedAlways
[mpep-710-02-b-0df2a096447acd04fa805ce4]
2 Month Time Period for Inadvertent Omissions in Nonfinal Office Actions
Note:
When an applicant's reply to a nonfinal Office action is bona fide but includes an inadvertent omission, the examiner may set a 2 month shortened statutory time period to correct it.

The Patent Law Treaty (PLT), which entered into force with respect to the United States on December 18, 2013, provides for a time period of at least two months for replies to most Office actions and other notices. The Office has certain pilot programs that are not encompassed by this requirement of the PLT and set a time period of less than two months for reply.

(B) When a reply by an applicant for a nonfinal Office action is bona fide but includes an inadvertent omission, the examiner may set a 2 month shortened statutory time period to correct the omission…. MPEP §§ 710.01 and 714.03.

Jump to MPEP SourceReply Period and ExtensionsResponse to Office Action Requirements (37 CFR 1.111)Shortened Statutory Period
StatutoryRequiredAlways
[mpep-710-02-b-3f00abf15bb11f367e24b21e]
Reply Required After Interference Termination
Note:
Applicant must reply to an unanswered Office action within a shortened statutory period after the termination of an interference proceeding.

The Patent Law Treaty (PLT), which entered into force with respect to the United States on December 18, 2013, provides for a time period of at least two months for replies to most Office actions and other notices. The Office has certain pilot programs that are not encompassed by this requirement of the PLT and set a time period of less than two months for reply.
(C) Winning party in a terminated interference to reply to an unanswered Office action…… MPEP Chapter 2300. Where, after the termination of an interference proceeding, the application of the winning party contains an unanswered Office action, final rejection or any other action, the primary examiner notifies the applicant of this fact. In this case reply to the Office action is required within a shortened statutory period running from the date of such notice. See Ex parte Peterson, 49 USPQ 119, 1941 C.D. 8, 525 OG 3 (Comm’r Pat. 1941).

Jump to MPEP SourceReply Period and ExtensionsTypes of Office ActionsResponse to Office Action Requirements (37 CFR 1.111)
Topic

Examiner Signature Authority

2 rules
StatutoryRequiredAlways
[mpep-710-02-b-4c23052db1c1f2d5937b59fe]
Winning Party Must Reply to Unanswered Actions After Interference
Note:
The winning party in an interference proceeding must reply within a shortened statutory period if their application contains an unanswered Office action, final rejection, or other action after the termination of the interference.

The Patent Law Treaty (PLT), which entered into force with respect to the United States on December 18, 2013, provides for a time period of at least two months for replies to most Office actions and other notices. The Office has certain pilot programs that are not encompassed by this requirement of the PLT and set a time period of less than two months for reply.
(C) Winning party in a terminated interference to reply to an unanswered Office action…… MPEP Chapter 2300. Where, after the termination of an interference proceeding, the application of the winning party contains an unanswered Office action, final rejection or any other action, the primary examiner notifies the applicant of this fact. In this case reply to the Office action is required within a shortened statutory period running from the date of such notice. See Ex parte Peterson, 49 USPQ 119, 1941 C.D. 8, 525 OG 3 (Comm’r Pat. 1941).

Jump to MPEP SourceExaminer Signature AuthorityFinal Office ActionSigning and Review of Actions
StatutoryRequiredAlways
[mpep-710-02-b-91646e7beec6219c21fa1c60]
Requirement for Interference Reply Within Shortened Period
Note:
The winning party in a terminated interference must reply to an unanswered Office action within a shortened statutory period.

The Patent Law Treaty (PLT), which entered into force with respect to the United States on December 18, 2013, provides for a time period of at least two months for replies to most Office actions and other notices. The Office has certain pilot programs that are not encompassed by this requirement of the PLT and set a time period of less than two months for reply.
(C) Winning party in a terminated interference to reply to an unanswered Office action…… MPEP Chapter 2300. Where, after the termination of an interference proceeding, the application of the winning party contains an unanswered Office action, final rejection or any other action, the primary examiner notifies the applicant of this fact. In this case reply to the Office action is required within a shortened statutory period running from the date of such notice. See Ex parte Peterson, 49 USPQ 119, 1941 C.D. 8, 525 OG 3 (Comm’r Pat. 1941).

Jump to MPEP SourceExaminer Signature AuthorityFinal Office ActionReply Period and Extensions
Topic

Period Computation Rules

1 rules
StatutoryProhibitedAlways
[mpep-710-02-b-059b6f505dc1524ff73a2ca4]
Minimum Shortened Statutory Period Is 30 Days
Note:
The minimum duration for a shortened statutory period is 30 days as per the rule.

A shortened statutory period may not be less than 30 days (35 U.S.C. 133).

Jump to MPEP SourcePeriod Computation RulesShortened Statutory PeriodSix Month Statutory Period
Topic

Response to Office Action Requirements (37 CFR 1.111)

1 rules
StatutoryRequiredAlways
[mpep-710-02-b-9efb980f1f5da66509fc55df]
Requirement for Minimum Two-Month Reply Period for Most Office Actions
Note:
The Patent Law Treaty requires a minimum two-month period to reply to most office actions, except for certain pilot programs that allow less time.
The Patent Law Treaty (PLT), which entered into force with respect to the United States on December 18, 2013, provides for a time period of at least two months for replies to most Office actions and other notices. The Office has certain pilot programs that are not encompassed by this requirement of the PLT and set a time period of less than two months for reply.
  • (A) Requirement for restriction or election of species only (no action on the merits)…… MPEP §§ 809.02(a) and 817.
  • (B) When a reply by an applicant for a nonfinal Office action is bona fide but includes an inadvertent omission, the examiner may set a 2 month shortened statutory time period to correct the omission…. MPEP §§ 710.01 and 714.03.
  • (C) Winning party in a terminated interference to reply to an unanswered Office action…… MPEP Chapter 2300.
    • Where, after the termination of an interference proceeding, the application of the winning party contains an unanswered Office action, final rejection or any other action, the primary examiner notifies the applicant of this fact. In this case reply to the Office action is required within a shortened statutory period running from the date of such notice. See Ex parte Peterson, 49 USPQ 119, 1941 C.D. 8, 525 OG 3 (Comm’r Pat. 1941).
  • (D) To reply to an Ex parte Quayle Office action……… MPEP § 714.14.
    • When an application is in condition for allowance, except as to matters of form, such as correction of the specification, a new oath, etc., the application will be considered special and prompt action taken to require correction of formal matters. Such action should include an indication on the Office Action Summary form PTOL-326 that prosecution on the merits is closed in accordance with the decision in Ex parte Quayle, 25 USPQ 74, 453 OG 213 (Comm’r Pat. 1935). A 2-month shortened statutory period for reply should be set.
  • (E) Multiplicity rejection — no other rejection…….. MPEP § 2173.05(n).
Jump to MPEP SourceResponse to Office Action Requirements (37 CFR 1.111)Period Computation RulesOffice Actions and Responses
Topic

Mailing Date Determination

1 rules
StatutoryInformativeAlways
[mpep-710-02-b-7fd31551c6fac40db84b30d9]
Correction of Incorrect Reference Citation
Note:
If an incorrect reference citation or other defect in an Office action is brought to the Office's attention within one month of the mail date, the reply period will be restarted from the date of correction if requested by the applicant.

Where the citation of a reference is incorrect or an Office action contains some other defect and this error is called to the attention of the Office within 1 month of the mail date of the action, the Office will restart the previously set period for reply to run from the date the error is corrected, if requested to do so by applicant. See MPEP § 710.06.

Jump to MPEP SourceMailing Date DeterminationReply Period and ExtensionsMailing of Office Actions

Citations

Primary topicCitation
Period Computation Rules
Shortened Statutory Period
35 U.S.C. § 133
Response to Office Action Requirements (37 CFR 1.111)MPEP § 2173.05(n)
Reply Period and Extensions
Response to Office Action Requirements (37 CFR 1.111)
MPEP § 710.01
Mailing Date DeterminationMPEP § 710.06
Response to Office Action Requirements (37 CFR 1.111)MPEP § 714.14
Response to Office Action Requirements (37 CFR 1.111)MPEP § 809.02(a)

Source Text from USPTO’s MPEP

This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.

BlueIron Last Updated: 2025-12-31