How can I request an extension of time for my patent application before the Office of Patent Application Processing?
If you need additional time for your patent application while it’s before the Office of Patent Application Processing (OPAP), you can petition for an extension of time. The MPEP states:
“Petitions for extension of time under 37 CFR 1.136(b) in applications before the Office of Patent Application Processing.“
These petitions are decided by the Director of OPAP. The extension of time under 37 CFR 1.136(b) is typically used when an applicant needs more time to respond to a requirement or notice from OPAP. It’s important to note that this is different from the more common extensions of time used during patent examination.
When filing such a petition, you should clearly state the reasons for the extension request and the amount of additional time needed. The grant of an extension is discretionary, so it’s crucial to provide a compelling justification for your request.
To learn more: