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 period to be effective.

This means you can request an extension after the original due date, but it must be done:

• Before the maximum 6-month statutory period expires, and
• At the time you file your actual response to the Office action.

Important: Requesting an extension after the original due date may incur additional fees and should be avoided if possible. It’s always best to file your response or request an extension before the current deadline.

To learn more:

• extension of time
• late extension request
• Office action
• patent application