Can the USPTO set a statutory period shorter than 30 days?
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.
No, the USPTO cannot set a statutory period shorter than 30 days. According to MPEP 710.01:
‘In no case may a statutory time period for reply set by the Office be less than 30 days.’
This 30-day minimum ensures that applicants have a reasonable amount of time to respond to Office actions. Even in cases where expedited examination is desired, the USPTO must provide at least 30 days for a response.