What are the time limits for responding to a notice under 37 CFR 1.251?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs 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 time limits for responding to a notice under 37 CFR 1.251 vary depending on whether it’s for an application or a patent: For applications: The Office sets a three-month period for reply, which is extendable under 37 CFR 1.136(a) by up to three additional months, for a maximum of six months. For patents: The Office sets a six-month period for reply, which is not extendable. MPEP 508.04 states: “The Office will set a time period of three months for reply in a notice under 37 CFR 1.251 in an application. The time period will be extendable under 37 CFR 1.136(a) (unless the notice indicates otherwise) by three months up to a maximum period for reply of six months in an application.” It also notes: “The Office will set a time period of six months for reply in a notice under 37 CFR 1.251 in a patent. The time period will not be extendable under 37 CFR 1.136(a) in a patent.” Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Reply Period of Six Months in Patent Notice Under 37 CFR 1.251 MPEP 508.04 Reply Period for Notice Under 37 CFR 1.251 MPEP 508.04 Extension of Time for Reply to Notice MPEP 508.04 Reply Period Not Extendable In Patent MPEP 508.04 Provide Complete Correspondence Record for Application MPEP 508.04 Failure to Reply Within Time Period Results in Abandonment MPEP 508.04 Procedure for Reconstructing Unlocatable Patent Files MPEP 508.04 Prohibited File Requirement for Unlocatable Applications or Patents MPEP 508.04 Office May Take Action on Involved Patent MPEP 508.04 Permitted Respond to Missing Application Records Notice MPEP 508.04 Prohibited Other Related FAQs 5 FAQs Collapse What is the procedure when the USPTO cannot locate a patent or application f...