What is the difference between a statutory period and a shortened statutory period in patent examination?

The key difference between a statutory period and a shortened statutory period in patent examination lies in their duration and the authority that sets them:

• Statutory Period: This is the maximum time allowed by law (statute) for responding to an Office action. As stated in MPEP 710.01, ‘The maximum statutory period for reply to an Office action is 6 months.’
• Shortened Statutory Period: This is a period shorter than the full statutory period, set by the USPTO. The MPEP notes, ‘The Office may set a shortened statutory period that is less than the six month statutory period.’

The use of shortened statutory periods is intended to expedite the examination process. However, applicants can usually extend the shortened period up to the full 6-month statutory period by paying extension fees.

To learn more:

• statutory period
• shortened statutory period
• patent examination
• USPTO
• Office action