Can the USPTO restart the period for reply if there’s an error in an Office action?
Yes, the USPTO can restart the period for reply if there’s an error in an Office action, under certain conditions. According to MPEP 710.02(b), Where the citation of a reference is incorrect or an Office action contains some other defect and this error is called to the attention of the Office within 1 month of the mail date of the action, the Office will restart the previously set period for reply to run from the date the error is corrected, if requested to do so by applicant.
This provision ensures fairness in cases where USPTO errors might otherwise disadvantage applicants. For more details on this process, refer to MPEP § 710.06.
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