What is the ‘three-month shortened statutory period’ in patent examination?

The ‘three-month shortened statutory period’ refers to the time frame given to applicants to respond to a final rejection in patent examination. According to MPEP 706.07, ‘The Office action will set a shortened statutory period for reply to a final rejection, which is typically three months.’ This period allows applicants to:

  • File a reply under 37 CFR 1.116
  • File a request for continued examination (RCE) under 37 CFR 1.114
  • Appeal the rejection to the Patent Trial and Appeal Board

Applicants can request extensions of time under 37 CFR 1.136(a), but these come with additional fees.

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Tags: final rejection, patent examination, response time, statutory period