How can an applicant extend a shortened statutory period for reply?

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.

An applicant can extend a shortened statutory period for reply under certain conditions. The MPEP states: Extensions of the statutory period under 35 U.S.C. 133 may be obtained under 37 CFR 1.136, provided the extension does not go beyond the 6-month statutory period from the date of the Office action (35 U.S.C. 133).

To extend a shortened statutory period:

• File a request for extension of time
• Pay the appropriate fee
• Ensure the extension request is filed within the original or previously extended period
• Verify that the total extension does not exceed 6 months from the original Office action date

It’s crucial to note that extensions cannot be obtained after the maximum 6-month period has expired. Applicants should carefully track deadlines and request extensions well before the expiration of the statutory period to avoid abandonment of the application.