Can the USPTO set a shorter reply period for patent office actions?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10

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 USPTO can set a shorter reply period for patent office actions. According to 35 U.S.C. 133:

‘…or within such shorter time, not less than thirty days, as fixed by the Director in such action, the application shall be regarded as abandoned by the parties thereto.’

This provision allows the USPTO to set a reply period shorter than six months, but not less than 30 days, for responding to office actions. The specific time frame will be indicated in the office action itself.

Tags: office action, patent application, reply period, Shortened Statutory Period, USPTO