Can an extension of time be granted after the statutory period has expired?
Generally, an extension of time cannot be granted after the statutory period has expired. The MPEP 710.02(e) states:
‘Any request for an extension of time filed after the statutory period for response has expired will be denied.’
However, there is an exception for situations where the applicant’s failure to respond was due to circumstances beyond their control. In such cases, the applicant may file a petition to revive the application under 37 CFR 1.137, along with the required fee and a statement of the cause of the delay.
It’s crucial to request any needed extensions before the current deadline expires to avoid potential loss of patent rights.
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