MPEP § 710 — Period for Reply (Annotated Rules)
This page consolidates and annotates all enforceable requirements under MPEP § 710, 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.
Period for Reply
This section addresses Period for Reply. Primary authority: 35 U.S.C. 133 and 35 U.S.C. 267.
Key Rules
Timing & Deadlines (1)
Upon failure of the applicant to prosecute the application within six months after any action therein, of which notice has been given or mailed to the applicant, or within such shorter time, not less than thirty days, as fixed by the Director in such action, the application shall be regarded as abandoned by the parties thereto.
Exceptions & Carve-Outs (1)
Notwithstanding the provisions of sections 133 and 151, the Director may extend the time for taking any action to three years, when an application has become the property of the United States and the head of the appropriate department or agency of the Government has certified to the Director that the invention disclosed therein is important to the armament or defense of the United States.
Definitions & Scope (1)
Extension of time under 35 U.S.C. 267 is decided by the Technology Center Director who oversees Licensing and Review.
Citations
| Primary topic | Citation |
|---|---|
| – | 35 U.S.C. § 267 |
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 § 710 — Period for Reply
Source: USPTO710 Period for Reply [R-07.2022]
35 U.S.C. 133 Time for prosecuting application.
Upon failure of the applicant to prosecute the application within six months after any action therein, of which notice has been given or mailed to the applicant, or within such shorter time, not less than thirty days, as fixed by the Director in such action, the application shall be regarded as abandoned by the parties thereto.
35 U.S.C. 267 Time for taking action in Government applications.
Notwithstanding the provisions of sections 133 and 151, the Director may extend the time for taking any action to three years, when an application has become the property of the United States and the head of the appropriate department or agency of the Government has certified to the Director that the invention disclosed therein is important to the armament or defense of the United States.
See MPEP Chapter 1200 for period for reply when appeal is taken or court review sought.
Extension of time under 35 U.S.C. 267 is decided by the Technology Center Director who oversees Licensing and Review.