How are extension fees calculated after a final rejection?
The calculation of extension fees after a final rejection depends on several factors, as outlined in MPEP 706.07(f):
- If a complete first reply is filed within 2 months and an advisory action is issued, the shortened statutory period (SSP) expires 3 months from the date of the final rejection or on the date of the advisory action, whichever is later.
- Extension fees are calculated from the end of the SSP. As stated in the MPEP, “Extension fees cannot be prorated for portions of a month.”
- If the advisory action is mailed after the end of the 3-month period, “the shortened statutory period will expire on the date the examiner mails the advisory action and any extension of time fee would be calculated from the mailing date of the advisory action.”
It’s important to note that “In no event can the statutory period for reply expire later than 6 months from the date of the final rejection.” This sets an absolute limit on extensions.
To request an extension, a petition for an extension of time under 37 CFR 1.136(a) must be filed along with the appropriate fee as provided in 37 CFR 1.17.
To learn more: