Can I request an extension of time after the original due date has passed?
Yes, you can request an extension of time after the original due date has passed, but only within certain limits. The MPEP 710.02(e) provides guidance on this: An extension of time must be actually obtained within the course of the statutory period or within the time actually taken to reply if longer than the statutory…
Read MoreWhat should applicants know about recognizing reply due dates for patent applications?
Applicants should be aware that it is their responsibility to recognize the correct reply due date for patent applications, especially when extensions of time are available. The MPEP 710.01(a) emphasizes this point: Since extensions of time are available pursuant to 37 CFR 1.136(a), it is incumbent upon applicants to recognize the date for reply so…
Read MoreWhat is the ‘safety net’ provision in 37 CFR 1.136(a)(3)?
The ‘safety net’ provision in 37 CFR 1.136(a)(3) is designed to protect applicants who inadvertently omit a petition for extension of time. The MPEP explains that this provision allows for three scenarios to be treated as a constructive petition for an extension of time: A previously filed written request to treat a reply requiring an…
Read MoreHow does the fee structure work for extensions of time under 37 CFR 1.136(a)?
The fee structure for extensions of time under 37 CFR 1.136(a) is cumulative. The MPEP explains: The fees for extensions of time under 37 CFR 1.136(a) are set forth in 37 CFR 1.17(a) and are subject to a 50% reduction for persons or concerns qualifying as small entities. The fees itemized at 37 CFR 1.17(a)…
Read MoreWhat are the time limits for extensions under 37 CFR 1.136(a)?
According to 37 CFR 1.136(a), an applicant may extend the time period for reply up to five months after the time period set for reply, unless: Prohibited by statute Prohibited by one of the items listed in the rule The applicant has been notified otherwise in an Office action The MPEP states: 37 CFR 1.136(a)…
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