Are there any exceptions to the standard reply periods for USPTO Office actions?

This page is an FAQ based on guidance 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.

Yes, there are exceptions to the standard reply periods for USPTO Office actions. The MPEP 704.13 outlines several situations where different time periods may apply:

“Shortened statutory periods are those so designated in Office actions. The time periods set forth on form PTOL-326 are usually 3 months, except in reexamination proceedings…”

Exceptions include:

• Ex parte reexamination proceedings: 2-month time period
• Reissue applications: may have different periods based on the specific action
• Design applications: may have shorter periods in certain circumstances
• Provisional applications: do not receive Office actions, so standard periods don’t apply

Additionally, some actions may have longer or shorter periods based on the nature of the required response or the stage of examination. Always carefully read the Office action to determine the exact time period for your specific case.