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

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.

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.

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