Can the USPTO extend the statutory period for reply to an Office action?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs 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. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Failure to Reply Within Statutory Period Causes Abandonment MPEP 711.02 Timely Reply Required Within Statutory Period MPEP 711.02 Required New Time Period for Inadvertently Omitted Matter in Reply to Non-Final Office Action MPEP 711 Permitted Requirement for Knowing Statutory Period Dates MPEP 711.02 Requirement for Correct Statutory Period Calculation MPEP 711.02 Permitted Reply Required Within Time Period Otherwise Abandoned MPEP 711 Requirement for Complete and Proper Reply Within Statutory Period MPEP 711.02 Permitted Failure to Reply Within Three Months Is Per Se a Failure MPEP 2734 Reply Required to Save Application from Abandonment MPEP 711 Required Amendments Not Saving Application from Abandonment MPEP 711 Other Related FAQs 5 FAQs Collapse What is a shortened statutory period in patent examination? What is the difference between express abandonment and failure to respond? Can an abandoned patent application be revived? How does filing a late amendment affect the abandonment date of a patent application? What actions can lead to unintentional abandonment of a pat...