How does a supplemental amendment affect the time period for reply to an Office action?
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.
A supplemental amendment does not affect the time period for reply to an Office action. The MPEP 714.03(a) clearly states:
“The filing of a supplemental amendment does not affect the time period for reply to an Office action which may be outstanding.”
This means that even if you file a supplemental amendment, you must still respond to any outstanding Office action within the original deadline. The supplemental amendment does not extend or reset the response period. Applicants should be careful to ensure they meet all required deadlines, regardless of any supplemental filings.
- Authorization Required Within Last Office Action Time PeriodMPEP 714Required
- First Reply Must Fully Respond to Office ActionMPEP 714.03(a)Permitted
- Examiner’s Amendment After Reply PeriodMPEP 714Permitted