Can the USPTO extend the statutory period for reply to an Office action?
No, the USPTO cannot extend the statutory period for reply to an Office action beyond the maximum period set by statute. According to MPEP 711.02:
“This failure may result from a failure to reply within the statutory period… as is normally the case; or it may result from a failure to reply within a shortened statutory period set by the examiner.”
The examiner can set a shortened statutory period, but cannot extend it beyond the maximum allowed by law. Any extension must be requested by the applicant and granted before the original period expires.
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