What is the maximum extension period for responding to an Office action?

The maximum extension period for responding to an Office action is strictly limited. According to MPEP 711.02(a):

In no case may an applicant reply outside the SIX (6) MONTH statutory period or obtain an extension for more than FIVE (5) MONTHS beyond the date for reply set forth in an Office action.

This means that:

  • The absolute maximum time to reply is 6 months from the mailing date of the Office action.
  • If you need an extension, you can request up to 5 months beyond the original due date.

It’s crucial to understand that these time limits are strictly enforced, and exceeding them can result in the abandonment of your patent application.

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Tags: extension of time, office action, patent application, statutory period