What is the ‘safety net’ provision in 37 CFR 1.136(a)(3)?

The ‘safety net’ provision in 37 CFR 1.136(a)(3) is designed to protect applicants who inadvertently omit a petition for extension of time. The MPEP explains that this provision allows for three scenarios to be treated as a constructive petition for an extension of time:

1. A previously filed written request to treat a reply requiring an extension of time as incorporating a petition for such extension of time;
2. A previously filed authorization to charge all required fees, fees under 37 CFR 1.17, or all required extension of time fees;
3. Submission of the fee set forth in 37 CFR 1.17(a) with the reply.

The MPEP states: Accordingly, 37 CFR 1.136(a)(3) is a ‘safety net’ to avoid a potential loss of patent rights for applicants who inadvertently omitted a petition in these scenarios.

To learn more:

• extension of time
• safety net
• USPTO
• MPEP