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

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.

To learn more:

• statutory period
• non-statutory period
• response deadlines
• Office action