What happens if an applicant replies a day or two after a specified time limit?
When an applicant replies a day or two after a specified time limit (not a shortened statutory period), the examiner may have some discretion in handling the late reply. The MPEP states: Where an applicant replies a day or two after the specified time, the delay may be excused by the examiner if satisfactorily explained. The examiner may use his or her discretion to request an explanation for the delay if the reason for the delay is not apparent from the reply.
This approach allows for some flexibility in dealing with slightly late responses to specified time limits. However, it’s important to note that this discretion does not apply to shortened statutory periods under 35 U.S.C. 133, where even a one-day delay results in abandonment of the application.
Applicants should always strive to meet all deadlines, but in cases of slight delays for specified time limits, providing a clear explanation may help in having the delay excused.
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