How is the statutory period for reply to an Office action computed?
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 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.
- Reply to Office Action Due DatesMPEP 710.01(a)Permitted
- Extension of Reply Time for Office ActionMPEP 710.01(a)
- 1-Month Extension Extends Reply Date to Following MonthMPEP 710.01(a)
- 1-Month Reply Extension Due by May 31MPEP 710.01(a)Permitted
- Application Abandoned for Missing Prosecution Within Six MonthsMPEP 710Required
- Director May Extend Time for Taking Action on Important InventionsMPEP 710Permitted
- Extension Not Affected by HolidayMPEP 710.01(a)Permitted
- Indicate Expiration Date for Non-1 Month ExtensionsMPEP 710.01(a)Recommended