What is the maximum statutory period for reply in patent applications?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10
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 statutory period for reply in patent applications is six months. This is established in MPEP 710, which states:
The maximum statutory period for reply to an Office action is 6 months. 35 U.S.C. 133. Shortened periods are currently used in most cases.
However, it’s important to note that while six months is the maximum, the USPTO typically sets shorter periods for most responses to encourage prompt prosecution of applications.