What is the difference between statutory and specified time periods in patent procedures?
In patent procedures, there are two main types of time periods: statutory and specified. MPEP 710.02(c) distinguishes between these:
- Statutory time periods are set by law (statute) and cannot be changed by the USPTO. For example, the 6-month statutory period for responding to an Office action under 35 U.S.C. 133.
- Specified time periods are set by the USPTO and can be shorter than statutory periods. These are often used to expedite prosecution and are subject to extension under 37 CFR 1.136.
The MPEP states: ‘Time periods are specified in 37 CFR 1.134 for those situations in which a statutory period is not provided.’ This allows the USPTO to set appropriate deadlines for various procedures while still offering flexibility when needed.
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