How is the reply period computed for USPTO Office actions?

The reply period for USPTO Office actions is computed from the notification or mail date printed on the Office action to the date of receipt by the Office of the applicant’s reply. The MPEP provides specific guidance:

“No cognizance is taken of fractions of a day and applicant’s reply is due on the corresponding day of the month 6 months or any lesser number of months specified after the Office action.”

For example, a 3-month reply period for an Office action dated November 30 would end on February 28 (or 29 in a leap year). It’s important to note that if the last day falls on a weekend or federal holiday, the reply is due on the next business day.

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Tags: office action, reply period, USPTO