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