What is the difference between statutory and non-statutory time periods in patent applications?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 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. In patent applications, there are two types of time periods for responding to Office actions: statutory and non-statutory. The MPEP 711.02 discusses these periods: Statutory time periods: These are set by law and typically cannot be extended. Failure to respond within a statutory period results in abandonment of the application. Non-statutory time periods: These are set by the USPTO and can often be extended. Failure to respond to a non-statutory time period may not immediately result in abandonment. The MPEP states: “The Office may not extend or waive the time period set by statute for taking any action.” This means that while non-statutory periods may have some flexibility, statutory periods are strict and must be adhered to in order to avoid abandonment. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Failure to Reply Within Statutory Period Causes Abandonment MPEP 711.02 Express Abandonment of Patent Application MPEP 711 Permitted 2 Months to Respond to Office Action MPEP 2266 Abandonment of Patent Application MPEP 711 Reply Required Within Time Period Otherwise Abandoned MPEP 711 Declaration Required for Abandonment of Patent Application MPEP 711 Permitted New Time Period for Inadvertently Omitted Matter in Reply to Non-Final Office Action MPEP 711 Permitted Attorney Can Abandon Prior Patent Application When Filing Continuing Application MPEP 711 Permitted Requirement for Knowing Statutory Period Dates MPEP 711.02 Timely Reply Required Within Statutory Period MPEP 711.02 Required Other Related FAQs 5 FAQs Collapse What is a shortened statutory period in patent examination? What is the difference between express abandonment and failure to respond? Can an aba...