35 U.S.C. § 133 — Time for prosecuting application (MPEP Coverage Index) – BlueIron IP

This page consolidates MPEP guidance interpreting 35 U.S.C. § 133, including 69 rules 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.

Summary

35 USC 133 governs the time for prosecuting patent applications, establishing critical response periods and deadlines for maintaining active application status.

What this section covers

Procedural requirements for responding to patent office actions within prescribed time frames
Standard and shortened statutory periods for patent application prosecution responses

Key obligations

Respond to office actions within the prescribed time period to avoid application abandonment
Examiners typically set a 2-month response period unless a shortened statutory period applies
Comply with specific time computation rules when calculating response deadlines

Conditions and exceptions

Different time periods may apply for various office actions or specific examination scenarios

Practice notes

Track and strictly adhere to response deadlines to prevent unintended application abandonment
Consider requesting an extension if unable to respond within the standard time frame

2-Month Reply Period for RequirementMPEP 2120.02Recommended
Requirement for Timely Response to Informational RequirementMPEP 2120.02
Extensions of Time for Incomplete ReplyMPEP 710.01
Length of Shortened Statutory Period Depends on Reply TypeMPEP 710.02(b)Required
Shortened Statutory Period for ReplyMPEP 710.02(b)
Shortened Statutory Period May Be Adjusted Under Rare ConditionsMPEP 710.02(b)Permitted
Failure to Timely Copy Claims Results in DisclaimerMPEP 710.02(d)
Unintentional Delay May Allow Petition to Revive ApplicationMPEP 710.02(d)Permitted
Delay in Reply May Be Excused if Satisfactorily ExplainedMPEP 710.02(d)Permitted
Examiner May Request Explanation for Delayed ReplyMPEP 710.02(d)Permitted
Maximum Reply Period for Office ActionsMPEP 1302.04Permitted
Requirement for Timely Reply to Informational RequirementMPEP 2120.02
Application Abandoned for Lack of ProsecutionMPEP 2268Required
Deposit Must Be Made Within Three Months of Allowability NoticeMPEP 2411.03Required
Deposit Requirement Not ExtensibleMPEP 2411.03
Deposit Must Be Made Within Three MonthsMPEP 2411.03
Replies to Office Actions Must Be Filed ElectronicallyMPEP 502.03Prohibited
Emails Except for Office Actions and Signatures Allowed With AuthorizationMPEP 502.03Permitted
Printed Email Must Be FiledMPEP 502.03Required
Email Submissions for Office Actions Not AllowedMPEP 502.03
Email Submissions Must Not Enter Office ActionsMPEP 502.03
Maximum Reply Period for Office ActionsMPEP 706.07(f)Permitted
Application Abandoned for Missing Prosecution Within Six MonthsMPEP 710Required
Examiner May Accept Substantially Complete Reply With Inadvertent OmissionMPEP 710.01
Inadvertent Omission Requirement for Avoiding AbandonmentMPEP 710.01Permitted
Inadequate Reply Due to Inadvertent Omission Results in AbandonmentMPEP 710.01
Requirement for Shorter Reply Period Than 6 MonthsMPEP 710.02Required
Shortened Reply Periods for Application ResponsesMPEP 710.02
Examiner Must Set Shortened Reply Period for Every ActionMPEP 710.02(b)
Minimum Shortened Statutory Period Is 30 DaysMPEP 710.02(b)Prohibited
Difference Between Specified Time and Shortened Statutory Period for ReplyMPEP 710.02(d)Recommended
Failure to Reply Within Statutory Period Results in Abandonment of ApplicationMPEP 710.02(d)
Office May Specify Time Limits Less Than 30 DaysMPEP 710.02(d)Permitted
Late Reply Abandonment Under Shortened Statutory PeriodMPEP 710.02(d)
Extensions of Statutory Reply PeriodMPEP 710.02(d)Permitted
Appeal Brief Time Periods Not Statutory Reply PeriodsMPEP 710.02(d)
Failure to File Appeal Brief Results in DismissalMPEP 710.02(d)
Appeal Dismissal Results In Abandonment Unless Allowed Claims ExistMPEP 710.02(d)Recommended
Extensions Permitted for Missing Parts Notice ReplyMPEP 710.02(d)Permitted
Petition and Fee Filing Date Determines Extension PeriodMPEP 710.02(e)
Reply Must Be Filed Before Extension Expiration to Avoid AbandonmentMPEP 710.02(e)Required
Petition to Withdraw Abandonment Due to Missing NoticeMPEP 711.03(c)Recommended
Petition to Withdraw Abandonment for Unreceived Office ActionMPEP 711.03(c)Permitted
Petition to Withdraw Abandonment if Adequately SupportedMPEP 711.03(c)Permitted
Delgar Reasoning Applies to Both Abandonment TypesMPEP 711.03(c)

Requirement for Written Restriction NoticeMPEP 2731Required
Restriction Requirement Is a Notification Under 35 U.S.C. 132MPEP 2731Required
Length of Shortened Statutory Period Depends on Reply TypeMPEP 710.02(b)Required
Application Abandoned for Lack of ProsecutionMPEP 2268Required
Deposit Must Be Made Within Three Months of Allowability NoticeMPEP 2411.03Required
Requirement for Due Care Showing to Reinstate Patent Term AdjustmentMPEP 2734Required
Printed Email Must Be FiledMPEP 502.03Required
Application Abandoned for Missing Prosecution Within Six MonthsMPEP 710Required
Requirement for Shorter Reply Period Than 6 MonthsMPEP 710.02Required
Reply Must Be Filed Before Extension Expiration to Avoid AbandonmentMPEP 710.02(e)Required

Reply Period of Six Months in Patent Notice Under 37 CFR 1.251MPEP 508.04
6-Month Reply Period for Office ActionsMPEP 710.01
Written Restriction Requirement Is a Notification Under 35 U.S.C. 132MPEP 2731
Written Restriction Requirement Is Notification Under 35 U.S.C. 132MPEP 2731
Written Restriction Requirement Is Not AppealableMPEP 2731
Requirement for Written Restriction Notification Under 35 U.S.C. 132MPEP 2731
Written Restriction Requirement Is a Notification Under 35 U.S.C. 132MPEP 2731
Written Restriction Requirement Is a Notice Under 35 U.S.C. 132MPEP 2731
Reply Period for Notice Under 37 CFR 1.251MPEP 508.04
Patent Term Adjustment Reduced for Delayed ReplyMPEP 508.04
Reply Period Not Extendable In PatentMPEP 508.04
Shortened Reply Period Is Commonly UsedMPEP 710.01
Requirement for Extension to Amend ApplicationMPEP 1302.04
Maximum Reply Period for Office ActionsMPEP 1302.04Permitted
Requirement for Two-Month Reply Period After Written RestrictionMPEP 2731
Written Restriction Requirement Is Not a Notice Under 132MPEP 2731
Due Care Requirement for Unavoidable Delay PetitionsMPEP 2734
Due Care Standard for Unavoidable Delay in Patent Term AdjustmentMPEP 2734
Due Care Showing for Patent Term AdjustmentMPEP 2734Recommended
Extension of Time for Reply to NoticeMPEP 508.04
Requirement for Six Month Reply PeriodMPEP 710.01

MPEP Section	Rules
MPEP § 1302.04	Maximum Reply Period for Office ActionsMPEP 1302.04Permitted Requirement for Extension to Amend ApplicationMPEP 1302.04 Maximum Reply Period for Office ActionsMPEP 1302.04Permitted
MPEP § 2120.02	2-Month Reply Period for RequirementMPEP 2120.02Recommended Requirement for Timely Response to Informational RequirementMPEP 2120.02 Requirement for Timely Reply to Informational RequirementMPEP 2120.02
MPEP § 2268	Application Abandoned for Lack of ProsecutionMPEP 2268Required
MPEP § 2411.03	Deposit Must Be Made Within Three Months of Allowability NoticeMPEP 2411.03Required Deposit Requirement Not ExtensibleMPEP 2411.03 Deposit Must Be Made Within Three MonthsMPEP 2411.03
MPEP § 2731	Written Restriction Requirement Is a Notification Under 35 U.S.C. 132MPEP 2731 Written Restriction Requirement Is Notification Under 35 U.S.C. 132MPEP 2731 Requirement for Written Restriction NoticeMPEP 2731Required Written Restriction Requirement Is Not AppealableMPEP 2731 Requirement for Written Restriction Notification Under 35 U.S.C. 132MPEP 2731 Restriction Requirement Is a Notification Under 35 U.S.C. 132MPEP 2731Required Written Restriction Requirement Is a Notification Under 35 U.S.C. 132MPEP 2731 Written Restriction Requirement Is a Notice Under 35 U.S.C. 132MPEP 2731 Requirement for Two-Month Reply Period After Written RestrictionMPEP 2731 Written Restriction Requirement Is Not a Notice Under 132MPEP 2731
MPEP § 2734	Requirement for Due Care Showing to Reinstate Patent Term AdjustmentMPEP 2734Required Due Care Requirement for Unavoidable Delay PetitionsMPEP 2734 Due Care Standard for Unavoidable Delay in Patent Term AdjustmentMPEP 2734 Due Care Showing for Patent Term AdjustmentMPEP 2734Recommended
MPEP § 502.03	Replies to Office Actions Must Be Filed ElectronicallyMPEP 502.03Prohibited Emails Except for Office Actions and Signatures Allowed With AuthorizationMPEP 502.03Permitted Printed Email Must Be FiledMPEP 502.03Required Email Submissions for Office Actions Not AllowedMPEP 502.03 Email Submissions Must Not Enter Office ActionsMPEP 502.03
MPEP § 508.04	Reply Period of Six Months in Patent Notice Under 37 CFR 1.251MPEP 508.04 Reply Period for Notice Under 37 CFR 1.251MPEP 508.04 Patent Term Adjustment Reduced for Delayed ReplyMPEP 508.04 Reply Period Not Extendable In PatentMPEP 508.04 Extension of Time for Reply to NoticeMPEP 508.04
MPEP § 706.07(f)	Maximum Reply Period for Office ActionsMPEP 706.07(f)Permitted
MPEP § 710	Application Abandoned for Missing Prosecution Within Six MonthsMPEP 710Required
MPEP § 710.01	6-Month Reply Period for Office ActionsMPEP 710.01 Shortened Reply Period Is Commonly UsedMPEP 710.01 Extensions of Time for Incomplete ReplyMPEP 710.01 Requirement for Six Month Reply PeriodMPEP 710.01 Examiner May Accept Substantially Complete Reply With Inadvertent OmissionMPEP 710.01 Inadvertent Omission Requirement for Avoiding AbandonmentMPEP 710.01Permitted Inadequate Reply Due to Inadvertent Omission Results in AbandonmentMPEP 710.01
MPEP § 710.02	Requirement for Shorter Reply Period Than 6 MonthsMPEP 710.02Required Shortened Reply Periods for Application ResponsesMPEP 710.02
MPEP § 710.02(b)	Length of Shortened Statutory Period Depends on Reply TypeMPEP 710.02(b)Required Shortened Statutory Period for ReplyMPEP 710.02(b) Shortened Statutory Period May Be Adjusted Under Rare ConditionsMPEP 710.02(b)Permitted Examiner Must Set Shortened Reply Period for Every ActionMPEP 710.02(b) Minimum Shortened Statutory Period Is 30 DaysMPEP 710.02(b)Prohibited
MPEP § 710.02(d)	Failure to Timely Copy Claims Results in DisclaimerMPEP 710.02(d) Unintentional Delay May Allow Petition to Revive ApplicationMPEP 710.02(d)Permitted Delay in Reply May Be Excused if Satisfactorily ExplainedMPEP 710.02(d)Permitted Examiner May Request Explanation for Delayed ReplyMPEP 710.02(d)Permitted Difference Between Specified Time and Shortened Statutory Period for ReplyMPEP 710.02(d)Recommended Failure to Reply Within Statutory Period Results in Abandonment of ApplicationMPEP 710.02(d) Office May Specify Time Limits Less Than 30 DaysMPEP 710.02(d)Permitted Late Reply Abandonment Under Shortened Statutory PeriodMPEP 710.02(d) Extensions of Statutory Reply PeriodMPEP 710.02(d)Permitted Appeal Brief Time Periods Not Statutory Reply PeriodsMPEP 710.02(d) Failure to File Appeal Brief Results in DismissalMPEP 710.02(d) Appeal Dismissal Results In Abandonment Unless Allowed Claims ExistMPEP 710.02(d)Recommended Extensions Permitted for Missing Parts Notice ReplyMPEP 710.02(d)Permitted
MPEP § 710.02(e)	Petition and Fee Filing Date Determines Extension PeriodMPEP 710.02(e) Reply Must Be Filed Before Extension Expiration to Avoid AbandonmentMPEP 710.02(e)Required
MPEP § 711.03(c)	Petition to Withdraw Abandonment Due to Missing NoticeMPEP 711.03(c)Recommended Petition to Withdraw Abandonment for Unreceived Office ActionMPEP 711.03(c)Permitted Petition to Withdraw Abandonment if Adequately SupportedMPEP 711.03(c)Permitted Delgar Reasoning Applies to Both Abandonment TypesMPEP 711.03(c)

Related Provisions

Based on MPEP Last Modified: 10/30/2024 08:50:22

35 U.S.C. § 133 — Time for prosecuting application (MPEP Coverage Index) – BlueIron IP

35 U.S.C. § 133 Time for prosecuting application

Summary

Official MPEP § 133 — Time for prosecuting application

35 U.S.C. 133 Time for prosecuting application.

Verbatim in MPEP

Required Actions

Key Interpretations

Topics

MPEP Coverage

Related Provisions