What happens when two different periods for reply are running against a patent application?

When two different periods for reply are running against a patent application, the following applies:

• The first period is typically the regular statutory period.
• The second period is usually set by a subsequent Office action.
• The running of the first period is not suspended or affected by an ex parte limited time action or an appeal.

As stated in MPEP 710.04:

“The running of the first period is not suspended nor affected by an ex parte limited time action or even by an appeal therefrom.”

This means that applicants must be aware of and respond to both periods independently.

To learn more:

• patent application
• reply periods
• statutory period
• Office action
• ex parte action
• appeal