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

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.

To learn more:

• statutory period
• time extension
• patent application
• USPTO
• patent examination