What are the exceptions to using a shortened statutory period in patent examinations?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10
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.
There are specific situations where a shortened statutory period is not used in patent examinations. According to MPEP 710.02(b), these exceptions include:
- Actions on amendments submitted after final rejection (except when the amendment is fully responsive and could place the application in condition for allowance)
- Ex parte Quayle actions
- When the application is ready for issue
- When issuing requirement for restriction or election of species
- When filing of a certified copy of a foreign application is required
In these cases, the full statutory period may be used instead of a shortened one.