Extensions
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Examination of Applications |
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The time for reply to a final rejection is discussed here including coverage of shortened statutory periods for reply.
When an examiner sends out an Office action, he or she sets a time limit. They set what is called a shortened statutory period (SSP). It may be possible for the applicant to extend the time limit (depending on what it was originally set for).
For example, an Office action with an SSP of 2 months may be extended for up to 4 months, bringing the grand total to 6 months. SSP’s may not be extended for any longer than six months. Missing one of these deadlines may result in abandonment. This section covers the details of shortened statutory periods including due date particulars.
Replies that involve a specific time limit may be extendable for up to 5 months. Missing a reply period will result in the loss of that particular matter, but not usually abandonment. This section covers the difference between shortened statutory and period for reply.
This section provides details on extensions of time including when due dates may not be extended. There are two types of due date extensions; automatic extensions under 37 C.F.R. 1.136(a) and extensions for cause under 37 C.F.R. 1.136(b).
Automatic extensions include those when an applicant must reply within a nonstatutory or shortened statutory time. Extensions for cause are used when the applicant is unable to reply within the specified time period and 37 C.F.R. 1.136(a) is unavailable.
This section outlines the procedures followed for amendments and other replies after final rejection or action. In these instances, entry is not a matter of right.
This section references 37 C.F.R. 1.181 petitions to the Director of the USPTO. It also provides a brief overview of petitions to the Director. For instance, the mere filing of a petition will not stay the period for replying to an examiner’s action, nor act as a stay of other proceedings. The applicant will need to file the petition and any reply within the time to reply or successfully file an extension of time.
