Can extensions of time be obtained automatically in patent applications?
Can extensions of time be obtained automatically in patent applications?
No, extensions of time are not obtained automatically in patent applications. According to MPEP 710.02(e):
Extensions of time to reply to Office actions may be available pursuant to 37 CFR 1.136. The fee for an extension of time is set forth in 37 CFR 1.17(a) and must be filed within the extended time period for reply.
This means that applicants must actively request and pay for extensions of time. The process typically involves:
- Filing a request for an extension of time
- Paying the required fee as set forth in 37 CFR 1.17(a)
- Submitting the request and fee within the extended time period
It’s important to note that the extension must be requested and paid for before the expiration of the set reply period to avoid abandonment of the application.
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