When can an examiner’s amendment be made without extension fees?
An examiner’s amendment can be made without the payment of extension fees under certain circumstances, as outlined in MPEP 706.07(f):
“Where a complete first reply to a final Office action has been filed within 2 months of the final Office action, an examiner’s amendment to place the application in condition for allowance may be made without the payment of extension fees even if the examiner’s amendment is made more than 3 months from the date of the final Office action.”
However, it’s important to note that “an examiner’s amendment may not be made more than 6 months from the date of the final Office action, as the application would be abandoned at that point by operation of law.”
Additionally, if the first reply is filed after 2 months, the examiner’s amendment must be made within the 3-month shortened statutory period or within an extended period that has been properly petitioned and paid for by the applicant.
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