How are time periods calculated for Office action responses?

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.

The calculation of time periods for responding to Office actions is crucial for patent applicants. According to MPEP 704.13:

“The time periods set for reply are the statutory period of 6 months in a regular statutory invention application and 3 months in a reexamination proceeding.”

However, it’s important to note that the actual period for reply is often shorter than these maximum periods. The Office action will specify the shortened statutory period, which is typically:

• 3 months for regular Office actions
• 2 months for Ex parte Quayle actions
• 30 days or 1 month (whichever is longer) for requirements for restriction or election of species

The time period begins on the mailing date of the Office action, not the date you receive it. Additionally, if the last day of the period falls on a Saturday, Sunday, or federal holiday, the period extends to the next business day.