What are the time limits for extensions under 37 CFR 1.136(a)?
According to 37 CFR 1.136(a), an applicant may extend the time period for reply up to five months after the time period set for reply, unless:
- Prohibited by statute
- Prohibited by one of the items listed in the rule
- The applicant has been notified otherwise in an Office action
The MPEP states: 37 CFR 1.136(a) permits an applicant to file a petition for extension of time and a fee as set forth in 37 CFR 1.17(a) up to 5 months after the end of the time period set to take action
. However, it’s important to note that no extension can operate to extend the time beyond the 6 months
statutory period.
To learn more: