How are time periods for reply calculated in patent applications?
How are time periods for reply calculated in patent applications?
Time periods for reply in patent applications are calculated based on the date of mailing or notification of the Office action. According to MPEP 710:
The time periods set forth in the previous paragraphs are subject to the provisions of 37 CFR 1.136, 1.135, and 1.136(b) which allow for extensions of time and for survival of rights under certain circumstances.
The calculation typically follows these rules:
- The day of mailing of the Office action is not counted in the period for reply.
- If the last day falls on a Saturday, Sunday, or federal holiday, the period is extended to the next business day.
- Extensions of time may be available under certain circumstances, as provided by 37 CFR 1.136.
To learn more: