What is the standard period for replying to a patent office 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.
According to 35 U.S.C. 133, the standard period for replying to a patent office action is six months. The statute states:
‘Upon failure of the applicant to prosecute the application within six months after any action therein, of which notice has been given or mailed to the applicant… the application shall be regarded as abandoned by the parties thereto.’
This means that applicants typically have up to six months to respond to an office action before their application is considered abandoned.
Tags:
office action,
patent application,
reply period,
USPTO