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: