What is the time frame for ratifying an unsigned or improperly signed amendment?

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.

When an unsigned or improperly signed amendment is received, the USPTO provides applicants with an opportunity to ratify the amendment. According to MPEP 714.01(a):

In an application not under final rejection, applicant should be given a two month time period in which to ratify the previously filed amendment (37 CFR 1.135(c)).

This two-month period allows applicants to correct the signature issue without immediately risking abandonment of their application. It’s important to note that extensions of this time period may be available under 37 CFR 1.136(a), but the maximum extension cannot exceed six months from the mailing date of the USPTO’s notification, as per 35 U.S.C. 133.