How does filing a reply within 2 months affect the reply period?

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.

Filing a complete first reply within 2 months of the final Office action can affect the reply period in several ways:

• If the reply places the application in condition for allowance, it will be processed as an allowance with no extension fees due.
• If the reply nearly places the application in condition for allowance, except for minor formal matters, the examiner can make the necessary changes and process it as an allowance with no extension fees due.
• If the reply does not place the application in condition for allowance, an advisory action will be issued, and “the SSP for reply expires 3 months from the date of the final rejection or as of the mailing date of the advisory action, whichever is later.”

This variable reply period gives applicants an opportunity to potentially avoid extension fees while still allowing for a full 3-month reply period if needed.