What is the reply period for an Ex parte Quayle action?

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 reply period for an Ex parte Quayle action is typically shorter than a regular Office action. According to the form paragraph provided in MPEP 714.14:

A shortened statutory period for reply to this action is set to expire TWO (2) MONTHS from the mailing date of this letter.

However, it’s important to note that extensions of time may be available. The MPEP further states:

Extensions of time may be granted under 37 CFR 1.136 but in no case can any extension carry the date for reply to this Office action beyond the maximum period of SIX MONTHS set by statute (35 U.S.C. 133).

Therefore, while the initial period is two months, it can be extended up to a maximum of six months from the mailing date of the Ex parte Quayle action.

Tags: Ex Parte Quayle, Extensions Of Time, office action, reply period