Which date controls the statutory period when there are copied patent claims?

When there are copied patent claims in an application with an existing unanswered rejection, the controlling date for the statutory period is the date of the last unanswered Office action on the original claims. The MPEP clearly states:

The date of the last unanswered Office action on the claims other than the copied patent claims is the controlling date of the statutory period.

This guidance is based on the case Ex parte Milton, 63 USPQ 132 (P.O. Super Exam. 1938). It’s crucial for applicants to keep track of this date to ensure timely responses.

To learn more:

• statutory period
• controlling date
• copied claims
• Office action