What is the difference between a shortened statutory period for reply and a specified time limit?

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.

The main differences between a shortened statutory period for reply and a specified time limit are:

  • Consequences: Failure to reply within a shortened statutory period results in abandonment of the entire application, while failure to take action within a specified time limit may only result in a loss of rights for that particular matter.
  • Minimum time: A shortened statutory period under 35 U.S.C. 133 has a 30-day minimum, while a specified time limit can be less than 30 days.
  • Extensions: Shortened statutory periods can be extended up to 6 months from the date of the Office action, while specified time limits may have different extension rules.

The MPEP states: As a specified time or time limit is not a shortened statutory period under 35 U.S.C. 133, the Office may specify a time for taking action (or a time limit) of less than the 30 day minimum specified in 35 U.S.C. 133. This highlights the flexibility in setting specified time limits compared to statutory periods.

Tags: patent application, patent examination, statutory period, time limit, USPTO