How is the statutory period for reply to an Office action computed?
The statutory period for reply to an Office action 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. According to MPEP 710.01(a):
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, if an Office action with a 3-month shortened statutory period is dated November 30, the reply is due on February 28 (or 29 in a leap year) of the following year.
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