What is the maximum extension period for a shortened statutory period under 35 U.S.C. 133?

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 maximum extension period for a shortened statutory period under 35 U.S.C. 133 is limited to 6 months from the date of the Office action. The MPEP clearly states: Extensions of the statutory period under 35 U.S.C. 133 may be obtained under 37 CFR 1.136, provided the extension does not go beyond the 6-month statutory period from the date of the Office action (35 U.S.C. 133).

This means that:

• The total time to reply, including any extensions, cannot exceed 6 months from the mailing date of the Office action.
• If the original shortened statutory period is less than 6 months, extensions can be obtained up to the 6-month limit.
• No extensions are possible beyond the 6-month maximum, regardless of circumstances.

It’s crucial for applicants to be aware of this absolute limit when managing their patent application timelines and considering extension requests.