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

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 10 Rules 5 Related FAQs 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 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Minimum Shortened Statutory Period Is 30 Days MPEP 710.02(b) Prohibited Shortened Statutory Period May Be Adjusted Under Rare Conditions MPEP 710.02(b) Permitted Shortened Statutory Period for Reply MPEP 710.02(b) Length of Shortened Statutory Period Depends on Reply Type MPEP 710.02(b) Required Extension of Time for Reply After Final Rejection MPEP 710.02(e) Permitted Timely Amendments After Final Rejection Must Be Considered for Allowability MPEP 714.13 Recommended Reply Period May Be Restarted for Shortened Statutory Periods MPEP 710.06 Permitted First Reply to Final Rejection Must Be Within Specific Timeframe MPEP 710.02(e) Requirement for Final Rejection Language MPEP 710.02(e) Required Three-Month Reply Deadline After Final Action MPEP 710.02(e) Other Related FAQs 5 FAQs Collapse What is the standard shortened statutory period for replyi...