How do I calculate the due date for responding to an Office action with extensions?

To calculate the due date for responding to an Office action with extensions, follow these steps:

1. Start with the mailing date of the Office action.
2. Add the shortened statutory period (usually 3 months).
3. Add any extension of time you’re requesting (up to 5 months maximum).

The MPEP 710.02(e) states:

The date on which the petition and the fee have been filed is the date for purposes of determining the period of extension and the corresponding amount of the fee.

This means that the extension is calculated based on when you actually file your response and pay the fee, not when you request the extension.

Example: If an Office action is mailed on January 1st with a 3-month shortened statutory period, and you file your response on July 1st, you would need to request and pay for a 3-month extension of time.

To learn more:

• extension of time
• Office action
• due date calculation
• patent application