What is the time limit for responding to a rejection based on a deposit issue?
When facing a rejection based on a deposit issue, applicants must be aware of the time limits for response. According to MPEP 2411.02:
“If an application is otherwise in condition for allowance except for a needed deposit and the file record indicates that the deposit has not been made or identified as required, the examiner should notify the applicant in the next Office action and set a three-month time period in which to resolve the issue.“
This three-month period is crucial for applicants to address the deposit issue. It’s important to note that this time limit is specific to cases where the application is otherwise in condition for allowance. In other situations, the standard response periods for Office actions would apply, typically set at six months from the mailing date of the Office action, with shorter periods sometimes specified.
Applicants should prioritize addressing deposit issues within the given timeframe to avoid potential abandonment of their application. If additional time is needed, applicants may request extensions of time under 37 CFR 1.136, but should be aware that such extensions may incur fees and should be requested before the original period expires.
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