MPEP § 704.13 — Time Periods for Reply (Annotated Rules)
§704.13 Time Periods for Reply
This page consolidates and annotates all enforceable requirements under MPEP § 704.13, 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.
Time Periods for Reply
This section addresses Time Periods for Reply. Primary authority: 37 CFR 1.105 and 37 CFR 1.136(a). Contains: 1 guidance statement and 1 permission.
Key Rules
Abandonment for Failure to Reply
A reply, or a failure to reply, to a requirement for information under 37 CFR 1.105 will be governed by 37 CFR 1.135 and 1.136. See MPEP § 710 et seq.
Extension Fees
Requirements for information under 37 CFR 1.105 made without an action on the merits should set a shortened statutory period of two months for reply. Applicant may extend the time period for reply up to six months in accordance with 37 CFR 1.136(a).
Period Computation Rules
Requirements for information under 37 CFR 1.105 made without an action on the merits should set a shortened statutory period of two months for reply. Applicant may extend the time period for reply up to six months in accordance with 37 CFR 1.136(a).
Types of Office Actions
A requirement for information under 37 CFR 1.105 is an Office action under 35 U.S.C. 132 for patent term adjustment purposes. See MPEP § 2730 for information pertaining to patent term adjustment.
Citations
| Primary topic | Citation |
|---|---|
| Types of Office Actions | 35 U.S.C. § 132 |
| Abandonment for Failure to Reply Extension Fees Period Computation Rules Types of Office Actions | 37 CFR § 1.105 |
| Abandonment for Failure to Reply | 37 CFR § 1.135 |
| Extension Fees Period Computation Rules | 37 CFR § 1.136(a) |
| Types of Office Actions | MPEP § 2730 |
| Abandonment for Failure to Reply | MPEP § 710 |
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.
Official MPEP § 704.13 — Time Periods for Reply
Source: USPTO704.13 Time Periods for Reply [R-08.2012]
A reply, or a failure to reply, to a requirement for information under 37 CFR 1.105 will be governed by 37 CFR 1.135 and 1.136. See MPEP § 710et seq.
Requirements for information under 37 CFR 1.105 made without an action on the merits should set a shortened statutory period of two months for reply. Applicant may extend the time period for reply up to six months in accordance with 37 CFR 1.136(a).
Requirements sent with an Office action on the merits, and not as a separate Office action, will be given the same period for reply as the action on the merits.
A requirement for information under 37 CFR 1.105 is an Office action under 35 U.S.C. 132 for patent term adjustment purposes. See MPEP § 2730 for information pertaining to patent term adjustment.