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

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.

To learn more:

• Notice to File Missing Parts
• time extension
• patent application
• USPTO
• patent examination