What is the statutory period for replying to a written restriction requirement in a patent application?

The statutory period for replying to a written restriction requirement in a patent application is specified in MPEP 810:

“A 2-month shortened statutory period will be set for reply when a written restriction requirement is made without an action on the merits. This period may be extended under the provisions of 37 CFR 1.136(a).”

Key points about the statutory period:

  • The initial period is set at 2 months
  • This is a shortened statutory period
  • It applies when the restriction requirement is made without an action on the merits
  • The period can be extended under 37 CFR 1.136(a)

Applicants should be aware of this timeframe and the possibility of extension when responding to restriction requirements.

To learn more:

Tags: cfr 1.136(a), Patent Application Procedure, Restriction Requirement, statutory period