How does the time period for replying to a Notice to File Missing Parts differ from other statutory periods?

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.

The time period for replying to a Notice to File Missing Parts of an Application is treated differently from other statutory periods. The MPEP states: The 2-month time period for reply to A Notice to File Missing Parts of an Application is not identified on the Notice as a statutory period subject to 35 U.S.C. 133.

This means that:

• The initial period for reply is 2 months
• Extensions of time of up to 5 months are permitted under 37 CFR 1.136(a)
• Additional time may be granted under 37 CFR 1.136(b) when appropriate

Unlike shortened statutory periods, which are limited to a maximum of 6 months from the Office action date, the period for replying to a Notice to File Missing Parts can potentially be extended beyond 6 months. This provides applicants with more flexibility in completing their applications.