What is the time period given to a patent owner to correct an omission in their response?
When a patent owner’s submission is not fully responsive due to an omission, the examiner typically provides a new time period for correction. According to MPEP 2666.30:
“The patent owner should be notified of the deficiency and the correction needed, and given a new time period for response (usually one month) pursuant to 37 CFR 1.957(d).”
The exact time period is specified in Form Paragraph 26.06, which states:
“A shortened statutory period for response to this letter is set to expire (a) ONE MONTH, or THIRTY DAYS (whichever is longer), from the mailing date of this letter, or (b) after the due date for response to the last Office action, whichever of (a) or (b) is longer.”
It’s important to note that this period may be extended under 37 CFR 1.956.
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