Can the time period for responding 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 time period for responding to an Office action can often be extended. According to MPEP 704.13:

“Extensions of time may be available under 37 CFR 1.136(a) or (b) to extend the period for reply up to 6 months from the Office action mailing date.”

Here’s what you need to know about extensions:

• Under 37 CFR 1.136(a), you can request up to five one-month extensions, as long as the total period doesn’t exceed 6 months from the Office action mailing date.
• Extensions under 37 CFR 1.136(a) require a fee, which increases with each additional month.
• Some actions, like Ex parte Quayle actions, have different extension rules.
• In some cases, such as after a final rejection, extensions may be more limited or require additional justification.

It’s important to note that while extensions are available, it’s generally advisable to respond as early as possible to avoid additional fees and potential complications in the examination process.