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Question:
What is the time for reply to a final rejection?
Answer:
The time for reply to a final rejection is as follows:
- (A) All final rejections setting a 3-month shortened statutory period (SSP) for reply should contain a form paragraph advising applicant that if the first reply is filed within 2 months of the date of the final Office action, the shortened statutory period will expire at 3 months from the date of the final rejection or on the date the advisory action is mailed, whichever is later. Thus, a variable reply period will be established. If the last day of “2 months of the date of the final Office action” falls on Saturday, Sunday, or a federal holiday within the District of Columbia, and a reply is filed on the next succeeding day which is not a Saturday, Sunday, or a federal holiday, the reply is deemed to have been filed within the 2 months period and the shortened statutory period will expire at 3 months from the date of the final rejection or on the mailing date of the advisory action, whichever is later. In no event can the statutory period for reply expire later than 6 months from the mailing date of the final rejection.
- (B) This procedure of setting a variable reply period in the final rejection dependent on when applicant files a first reply to a final Office action does not apply to situations where a SSP less than3 months is set, e.g., reissue litigation applications(1-month SSP) or any reexamination proceeding.
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 comes from section 706.07(f) of the MPEP. The following is a brief summary of section 706.07(f).
706.07(f) Time for Reply to Final Rejection
The time for reply to a final rejection is discussed here including coverage of shortened statutory periods for reply.