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Question:
37 CFR 1.136(a) permits an applicant to file a petition for extension of time and a fee up to 5 months after the end of the time period set to take action except during which circumstances?
Answer:
37 CFR 1.136(a) permits an applicant to file a petition for extension of time and a fee asset forth in 37 CFR 1.17(a) up to 5 months after the end of the time period set to take action except:
- (A) where prohibited by statute,
- (B) where prohibited by one of the items listed in the rule, or
- (C) where applicant has been notified otherwise in an Office action.
Chapter Details:
The answer to this question can be found in chapter 700 of the MPEP. This chapter covers Examination of Applications.
The answer is from the 9th Edition, Revision 10.2019. Depending on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions.
Section Summary:
This question and answer come from section 710.02(e) of the MPEP. The following is a brief summary of section 710.02(e).
710.02(e) Extension of Time
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.