When does the USPTO set time periods that are not subject to extensions?
The USPTO may set time periods that are not subject to extensions under certain circumstances, as explained in MPEP 710.02(c):
“Where the condition of the application requires that such action not be subject to extensions under 37 CFR 1.136, the action should specify that the provisions of 37 CFR 1.136 (or 1.136(a)) do not apply to the time period for taking action.”
Key points:
- Non-extendable time periods are set when the application’s condition requires it.
- The action will explicitly state that 37 CFR 1.136 or 1.136(a) does not apply.
- This is done to exclude the possibility of extending the reply period under these rules.
It’s important to note that the USPTO doesn’t set non-extendable time periods solely to prevent extensions. They are used when the nature of the required action necessitates a strict deadline.
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