Can an applicant request an extension of time to respond to a restriction requirement?
Yes, an applicant can request an extension of time to respond to a restriction requirement. According to MPEP 818.01(a):
“A shortened statutory period will be set for reply to a written restriction requirement. Extensions of time may be requested under 37 CFR 1.136.”
This means that:
- The USPTO typically sets a shortened statutory period for responding to a restriction requirement.
- Applicants can request extensions of time under 37 CFR 1.136.
- Extensions may be granted for up to six months from the original due date.
- Fees may apply for extension requests.
It’s important to note that while extensions are available, timely responses are generally preferred to avoid potential delays in the examination process.
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