Can the period for reply to an Office action be extended?

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, the period for reply to an Office action can be extended in many cases. According to MPEP 710:

“Unless otherwise provided, the maximum statutory period for reply to an Office action is SIX MONTHS. The examiner may set a shorter time for reply, not less than 30 days (35 U.S.C. 133).”

Extensions of time are generally available under the following conditions:

• A request for an extension must be filed before the expiration of the original period for reply.
• The appropriate fee must be paid.
• Extensions are typically granted in one-month increments, up to a maximum of five months.
• Some actions, such as final rejections, may have different extension policies.

It’s important to note that while extensions are often available, they should be used judiciously as they can increase the overall cost and duration of the patent prosecution process.