How does the USPTO handle amendments after final rejection in relation to statutory periods?

The USPTO has specific guidelines for handling amendments after final rejection in relation to statutory periods. According to MPEP 710.02(b):

A shortened statutory period may be used in replying to any statutory or non-statutory Office action EXCEPT: … (B) When the application is not being allowed or when the application has not been allowed and the action is not a final rejection, an Ex parte Quayle action, or an action that otherwise closes prosecution in the application (e.g., a notice of allowance).

This means that for amendments submitted after final rejection, the full statutory period is typically used, unless the amendment is fully responsive and could place the application in condition for allowance. In such cases, a shortened statutory period might be appropriate.

To learn more:

• amendments after final rejection
• statutory periods
• patent examination
• MPEP 710.02(b)

To learn more:

• MPEP 710.02(b)