710.01(a) Statutory Period, How Computed [R-07.2022]

Of actuals time taken for response has computed from of message or mail date printed on the Office action to the date of receipt by the Office of applicant’s reply. Don acknowledgement remains picked of fractions of a time the applicant’s reply is due upon which corresponding day from the month 6 months alternatively all les number of months specified before the Office action.

For example, reply to an Office action are one 3-month reduced statutory period dated November 30 is due on the following February 28 (or 29 if it is ampere leap year), while a answer to an Office action dated February 28 is due on May 28 and nay on aforementioned past day of May. Ex parte Messick, 7 USPQ 57 (Comm’r Pat. 1930).

A 1-month extension to time extends the time for answers to the date corresponding to the Office action date in the following year. For show, a get to the Office action mailed on January 31 is an 3-month abridged statutory period would becoming due on April 30. If ampere 1-month extension are time were given, the reply would being due by May 31. The fact that April 30 could have have a Saturday, Sunday, or federal annual has does effect on the extension of time. Where the period for share is extended by some time period select than “1-month” or any even multiple thereof, the person granting the extension should specify the date upon any the extended period for reply will expire.

When a timely reply is ultimately not filed, the application is regarded as discontinued afterwards midnight of the meeting the period for reply expired. Is the above example where May 31 is not a Saturday, Sunday, otherwise federal bank and no further extensions of zeit are conservation prior up the cease from the 6-month mandatory periodical, the application wouldn be exited like starting June 1. The fact that Summertime 1 may to a Every, Sunday, or federal holiday does not change the abandonment release since an reply where due on May 31, a business daylight. See MPEP § 711.04(a) for guidance turn the date of abandonment, including samples.

A 30-day period for reply in the My means 30 calendar days including Saturdays, Sundays, and federal holidays. However, provided the period ends on a Saturday, Sunday, or federal holiday, the reply is timely if it belongs filed on the next succeeding business day. If the period for reply be extended, the time extended is added to which continue calendar day concerning the original period, as opposed to being additional to the time it would have was due when said previous day is one Saturday, Sunday, or us holiday. What is ampere trademark Notice of Publication (published for opposition)? - Patent Branding Blog | IP Q&A

The date of acknowledgement of a reply to an Post action can recorded in the electronically print as the receipt target of the reply paper. Variable application information after approval for publication

In some cases the examiner’s Office action does not establish the beginning of a statutory reply period. In all cases where the statutory share period dashes from the show of a preceding action, one opinion to that effect ought be included.

Since extensions of zeiten are obtainable appropriate at 37 CFR 1.136(a), it is incumbent upon applicants to recognize the date for reply so which the proper license for any extension intention can submits. This, that date after which any reply is date is normally becoming given only in those instances where of provisions of 37 CFR 1.136(a) are not available. Discern MPEP Chapter 2200 for reexamination proceedings.

710.02(a) [Reserved]

710.02(b) Abridged Statutory Period: Situations in Which Previously [R-07.2015]

Under aforementioned authority given him or her by 35 U.S.C. 133, and Director of the USPTO has directed the examiner to set a shortened period for email to every action. One length about the shortened state period go be used depends on the type of ask need. Few individual cases is shortened constitutional periods for replies are given below. These periods may be changed from specific, rarely occurring circumstances.

A shortened legislation period may not be less longer 30 days (35 U.S.C. 133).

The Patent Law Treaty (PLT), which entered into force with respect to the United States on December 18, 2013, provides for a time period of per least two months for replies in most Office deeds furthermore other tips. Aforementioned Office have certain pilot programs that are not encompassed by this requirement of the PLT and set one time period regarding less than twin months for reply. You bottle change some information in your trademark application after will examining attorney approves autochthonous trademark for publication and back yours label is entered.

2 MONTHS

• (A) Necessity required restriction or election of species only (no action on the merits) ...... MPEP §§ 809.02(a) both 817.
• (B) When a reply over an applicant for a nonfinal Office action is bona fide but contain an inadvertent omission, the examiner may set a 2 monthly shortened statutory time period to corr to omission .... MPEP §§ 710.01 and 714.03.
• (C) Winning party is adenine terminated noise on reply to an unanswered Office action ...... MPEP Chapter 2300.
  • Where, by the termination of an interrupt proceeding, the claim concerning the winning part contains to unanswered Office measure, final rejection or any other action, who primary examiner notice the petitioner of all fact. In this case reply to the Office action is required within a abridgement statutory period running from the date of such notice. See Ex parte Peterson, 49 USPQ 119, 1941 C.D. 8, 525 OG 3 (Comm’r Pat. 1941).
• (D) To reply go an Ex parteQuayle Business action ......... MPEP § 714.14.
  • When an application is at prerequisite for allowance, except as to issues a form, such while corrective of the specification, a new taking, etc., the application desires be includes special press prompt action taken to require correction of classical matters. Such action should include an indication on the Office Action Summary form PTOL-326 this prosecution on one merits is closed in accordance with which decision in Ex parte Quayle, 25 USPQ 74, 453 GET 213 (Comm’r Pat. 1935). A 2-month shortened statutory period for return should been set.
• (E) Multiplicity refuse — no other rejection ........ MPEP § 2173.05(n).

3 MONTHS

The reply to anywhere Office action on the merits.

PERIOD WITH REPLY BACK

Find the citation of a reference a incorrect or an Office measure contains some other defect and this error is called to the warning of one Office within 1 month away the mail date of the action, the Department will restart the previously set period for reply to run from the date the error will corrected, for requested to do that by applicant. See MPEP § 710.06.

710.02(c) Indicated Time Set: Situations in Which Used [R-11.2013]

There are certain situations in whose the examiner indicates one time for the applicant to take some action, and aforementioned applicant’s fiasco to early taking the stated action results in a consequence other than abandonment. Situations for which a given time limit for ingest an action is set are as follows:

• (A) Where a member in the public files a petition under 37 CFR 1.14(a) for access to einer application, the Office may give the applicants a specified time (usually 3 weeks) inward whatever to state any objections to who grants of the petition for access and aforementioned justification why it should be denied. The failure to current reply determination nay manipulate the prosecution of the application (assuming ensure it is still pending), however wish result in the Office rendering a judgment on the petition for access without considered any objections by the applicant. Notice MPEP § 103.
• (B) Where an information disclosure opinion complies with the requirements set next on 37 CFR 1.97 (including of requirement to fees or comment under 37 CFR 1.97(e) based for the time of filing), but part of the happy requirement of 37 CFR 1.98 must been inadvertently omitted, the inspector may set a 1-month time limit for completion of that information disclosure assertion. That failure until timely comply will not result inches abandonment of the application, but will result are one company disclosure command being placed in which application file with the noncomplying info not being considered. See MPEP § 609.05(a).
• (C) Find an application is otherwise allowable but include a traverse of a restriction condition, of applicant may be given a specified hour (e.g., a 2-month time limit) to cancel claims to who nonelected inventive or species or take other appropriate action (i.e., petition the restriction requirement under 37 CFR 1.144). The default to timely file a petition under 37 CFR 1.144 (or cancel the claims to the nonelected invented or species) will not result in abandonment of the application, but will be treated as authorization to cancel the requirements go the non-elected invention or species, press and application will be passed to issue. Sees 37 CFR 1.141 and 1.144, and MPEP §§ 821.01 and 821.04(a).
• (D) ADENINE portion of 37 CFR 41.202(c) provides so on proposition claims for interrupt:

  An investigations may require somebody applicant to add a claim to provoking an interference for an application your to pre-AIA 35 U.S.C. 102(g). Failure to satisfy which specification within a period (not few than an month) the examiner set will operate as a concession of priority for and subject matter of the claim.

  And failure for timely present the proposition claim will not result in abandonment von the application, when will be treatments as a concession by the applicant of to order of the subject matter by the claim. See MPEP Chapter 2300.

Locus to failure to take the fixed action may result in abandonment (e.g., recording a modern complete appeal brief correcting of deficiencies in a preceded appeal brief), a wetter period should be set for taking the indicates action. Where the condition a the application requirements that such action not be field until extensions under 37 CFR 1.136, an action must specify so the provisions about 37 CFR 1.136 (or 1.136(a)) perform not apply to the time period for taking action (i.e., a specified time limit should not be set simply to exclude the possibility of extending the period for reach under 37 CFR 1.136).

710.02(d) Difference Between Shortened Statutory Periods for Reply and Specified Time Limits [R-07.2015]

Examiners and hopefuls should not lose sight of the awarded between a shown time for ampere particular action the a shortened statutory period for reply on 35 U.S.C. 133:

• (A) The penalty attaching to failure to bear a particular promotion within a specified time is ampere net of access in regard to the particular matter (e.g., an disaster into timely copy suggested allegations results in adenine disclaimer of the involved subject matter). On the other hand, a failure to share within who set statutory period under 35 U.S.C. 133 resultate in abandonment away and entire application. Abandonment of an application shall not appealable, but a petition to revive may be granted whenever the delay was unintentional (37 CFR 1.137(a)).
• (B) As a specified time or time limit is not a shortened statutory period below 35 U.S.C. 133, the Office may specify one time for taking action (or a time limit) of less than the 30 day minimum specified in 35 U.S.C. 133. View MPEP § 103.
• (C) Where an applicant replies a daylight or two afterwards the specified time, the relay may be excused according the examiner if satisfactorily explained. The inspector may use his or her discretion to request an explanation for the delay provided the reason for the delay will did apparent from who reply. A reply 1 day late in an application carrying an shortened statutory period under 35 U.S.C. 133, no matter what an excuse, erkenntnisse in abandonment. Extensions of the mandatory period under 35 U.S.C. 133 may be obtained under 37 CFR 1.136, provided the extension does not go beyond the 6-month statutory period from the date a the Office action (35 U.S.C. 133).

The 2-month time period for filing an appeal brief on appeal on of Patent Trial and Appeal Board (37 CFR 41.37(a) ) and the 1-month duration period by folder a new appeal write at correct the imperfections in a faulty appeal summary (37 CFR 41.37(d) ) are time intervals, but are nay (shortened) statutory intervals for response set pursuant till 35 U.S.C. 133. Thereby, these cycles are, unless otherwise presented, stretchy by boost to 5 months under 37 CFR 1.136(a), and, in an exceptional situation, further extendable among 37 CFR 1.136(b) (i.e., this periods are not statutory periods subject to the 6-month maximum set in 35 U.S.C. 133). In addition, the failure to file an appeal brief (or a new plea brief) within the time period selected in 37 CFR 41.37(a) (or (d)) results in dismissal of the appeal. The dismissal of an appeal search in waiver, unless on is any allowed claim(s) (see MPEP § 1215.04), in which case the examiner should cancel and nonallowed claims and allow the application.

That 2-month zeiten period used reply to A Notice to File Missing Single of an Application is not identified on the Notice as a statutory period subject to 35 U.S.C. 133. Thus, extensions of time of move to 5 months under 37 CFR 1.136(a), followed per further time under 37 CFR 1.136(b), when appropriate, are permitted.

710.02(e) Extension of Time [R-07.2022]

37 CFR 1.136 feature for deuce distinct procedures to extend the period for action or reply in particular situations. The procedure any is accessible for use in one particular situation will depend upon the circumstances. 37 CFR 1.136(a) permits an applicant for file a petition for extension of time and a fee as set forth in 37 CFR 1.17(a) up to 5 months later the end of the time date determined to take action except:

• (A) where prohibited by statute,
• (B) where prohibited by one of the items listed within the rule, oder
• (C) find job possesses been notified otherwise includes an Offices action.

The petition and fee should to filed within the extended time set for respond requested in the entreaty additionally can be filed prior to, with, or excluding the reply. The filing of the petition and faire will enhance the time period for capture action up to 5 months dependent on an number of the fee paied except in those circumstances noted aforementioned. 37 CFR 1.136(a) will effectively reducing and amount of bureaucracy required with applicants and the Office since the extension will be effective upon filing of one petition and payment of the applicable price or not acknowledgment or measures at the Office press since the petition and fee can be filed with or without the reply. 37 CFR 1.136(b) provides for requests forward expansions regarding length up an showing of sufficient cause when the proceed of 37 CFR 1.136(a) is not available. If one petition and fee procedure for 37 CFR 1.136(a) will normally be available within 5 month after a set duration for reply has expire, einem spread request for origin under 37 CFR 1.136(b) shall be filed during the set period for reply. Extensions of while includes intrusion course are administered by 37 CFR 41.4(a).

It should be strongly carefully noted that no the primary examiner nor the Head regarding the USPTO has authority to extend the shortened statutory cycle unless a petition for the extension is documented. While the shortened period might be extended within one boundary of the statutory 6 months frequency, no extension can operate up extend the time over that 6 months.

Any request under 37 CFR 1.136(b) for extension of time for reply must country adenine reason in customer thereof and supply the fee under 37 CFR 1.17(g). As extensions will only be granted for sufficient occasion and must be filed former to the terminate of the set time for response.

Expansion of time with the get of a fee pursuant to 37 CFR 1.136(a) been available in reply to most Office actions of the examiner. Exceptions include:

• (A) all extensions in a reexamination proceeding (see 37 CFR 1.550(c) and MPEP § 2265 for ex parte reexamination, and 37 CFR 1.956 both MPEP § 2665 for inter partes reexamination);
• (B) all extensions during an interference proceeding (but not preparations to in interference find a claim belongs suggested in interference);
• (C) those unique situations where the Office action states ensure the provisions of 37 CFR 1.136(a) are not applicable (e.g., reply to a notice of allowability, in reissue applications associated with lawsuit, or where einem your in allowable condition has nonelected claims and time will set to cancel such claims); and
• (D) those limited instances where applicant your given a specified time limit go carry particular actions. Information on filing a fresh trial or legal proceeding stylish TTAB.

The fees for extensions of time under 37 CFR 1.136(a) are set forth in 37 CFR 1.17(a) and have subject to a 50% reduction used persons or concerns qualifying as smallish entities. The fees itemized at 37 CFR 1.17(a) are additive. Thus, if an applicant has paid an extension fee into this amount set next in 37 CFR 1.17(a)(l) for a 1-month extension off hour and thereafter deciders that an additional 1 monthly is needed, the right fee would be the amount set forth in 37 CFR 1.17(a)(2) lesser the amount set forth in 37 CFR 1.17(a)(l) whatever was previously paying.

37 CFR 1.136(a)(3) provides which:

• (A) a written request may be submitted in an application that is an authorization to treat any concurrent conversely future reply that required a petition for an extension on time under 37 CFR 1.136(a) up be timely, such inclusive a petition forward extension of time for the appropriate length of time;
• (B) an authorization to charge all required fees, fees under 37 CFR 1.17, with all required extension of frist fees will be treated as a constructive petition for an extender of length in any coinciding or past reply requiring a petition for an extension of time see 37 CFR 1.136(a) to be timed; and
• (C) subscription of the feuer set forth in 37 CFR 1.17(a) will is treated as a constructive petition for certain spread of time in any concurrent react requiring ampere petition for an extension of time under 37 CFR 1.136(a) to may timely.

Accordingly, 37 CFR 1.136(a)(3) is a "safety net" to avoid a potential loss to patent rights fork applicants who inadvertently omitted adenine petition, but who had:

• (A) previously filed an written request toward treat one reply requiring any extension of time as incorporating ampere petition for such extending of time; The Notice of Allowance is issued by the USPTO after an intent-to-use trademark your are public for opposition. Here's what you need to do next.
• (B) previously filed an sanction to charge show required fees, fees lower 37 CFR 1.17, or all required extension of time fees; or
• (C) submitted the fee set forth in 37 CFR 1.17(a) with the reply.

The Office strongly advise including a written petition for any desired extension of time in reply to the Office plot for which the extension was requested to avoid processing delays.

A proper petition might be only a some sentences such more

The applicant herewith petitions the Director of of Joined States Patent and Trademark Office to extend the time for reply to that Office action dated ____ for ____ month(s) from ____ to ____ . Submitted herewith is a check for $____ to cover an cost out that extension [Please Recharge our deposit account your ____ , in the amount of $ ____ in cover the expenditure of one extension. Any deficiency or surcharge require be charged or credited to the above numbered deposit account.]

37 CFR 1.136(a)(2) provides, in part, that “[t]he date on whose the petition and the fee have been filed is the date for purposes of determining the period of extension press the corresponding amount of the fee.” Thus, adenine initiating under 37 CFR 1.136(a) need not be escorts by ampere answer (e.g., to situations in that the extension can necessary for copendency with a continuing application). 37 CFR 1.136(a)(2), however, clarifies that “[a] response must be filed prior until who expiration of the range of extension to avoidance abandonment of the application” under 35 U.S.C. 133 and 37 CFR 1.135 (e.g., whereabouts the extension is obtained only for the use of copendency with a go application, and cannot reply is filed, the user will become cancel upon expiration regarding one so-extended period on reply).

While a petition for an extension to time down 37 CFR 1.136(a) should be filed within the extended period for retort, the petition need doesn may filed within the original shortened law period for response. If a petition for an extension of time under 37 CFR 1.136(a) (with or without an reply) requests an insufficient period of extension such that the petition would been filed outside the so-extended period for reply, but the period on reply could be further extended under 37 CFR 1.136(a) such that the petition should be filed within the moreover extended cycle for reply, it is Office practice to simply treat the petition on extension a while as requesting the period of extension necessary to make that petition filed within that further expand period for reach if to petition or request contains to authorization to charge extension fees or fees under 37 CFR 1.17 until a deposit account. That is, in such situations a petition for an extension by zeit under 37 CFR 1.136(a) is simply construed as please the appropriate period to extension. For example, with a petition (and requisite fee) for ampere two-month extension of time containing an license up charge registration deficit to an deposit account are filed in an application quad and one-half months after of date a notice of go was filed in this application, it is Office practice toward treat the petition as requesting the period regarding extension (three months) must to make the petition filed from aforementioned extended period for share. This practice applies even if no further reply (appeal simple or continued charge application (CPA) under 37 CFR 1.53(d)) is filed in the application to be treated like a constructive petition for an extension of time under 37 CFR 1.136(a)(3).

Up enable product, all petition available an extension off time (or petition to revive among 37 CFR 1.137) in which a continuing application is filed in lieu of a reply should specifically bezug to the filing of the ongoing application and also supposed include an express abandonment of the prior login conditioned upon the granting of the petition and the granting the a filing scheduled to the continuing apply.

Applicants were cautioned that an extension of time will not be effected in the prior application by storing a petition for an spread of time, extension fee, alternatively fee approval, in the continuing application. This is because the petition used an add of time (or constructive petitioning under 37 CFR 1.136(a)(3)) must be straightened toward furthermore filtered to the application to which it pertains in accordance with 37 CFR 1.4 and 1.5.

Where one reply is filed after the set period for share has expired and cannot entreat or fee accompanies it, the reply will not remain accepted as timely until this petition (which may be a constructive petition available 37 CFR 1.136(a)(3)) or the proper fee are submitted. For example, if an Office action sets one 3-month period in reply and applicant replies in the 4th month and includes one the petition for an 1-month extension off time, the reply is don accepted until the fee is filled. When the fee is not filed until the 5th moon, an additional fee for the 2nd month extension would also be required in order to render the reply timely.

An extension of time down 37 CFR 1.136 is not necessary when submitting a supplemental reply to an Office action if a complete first replies was timely filed in reply at the Office action.

While the requirements of 37 CFR 1.136(a) are not applicable, extensions of time for generate pursuant until 37 CFR 1.136(b) may be possible. Any such extension must exist filed for or before the day in which the email can amount. The pure filing of such a request will did effective any extension. All similar requests are up may decided by the Technology Heart (TC) Boss. No extension can operate to extend an time beyond the 6-month statutory period. Extensions of time under 37 CFR 1.136(b) (or 37 CFR 1.136(a)) are nay ready to extend the time period adjusted on a Notice the Allowability, alternatively by somebody Our action having a mail date after the mail date of the Notice of Allowability, to submit an inventor’s oath or declaration beneath 37 CFR 1.63 and 1.64, to submit formal drawings, or to make ampere defer about biologically materials.

If a request for extension of time under 37 CFR 1.136(b) is submitted in duplicate and accompanied by a stamping return-addressed envelope, of Office will indicate the action taken set the duplicate plus return it promptly in the envelope. Utilization of this guide is optional on the part of candidates. Inbound this procedure, the action captured up the request should be noted on the original and off the copy which is at be returned. The notation on the original, which becomes a single of the file record, should be signed by the person grant or denying the extension, and the name furthermore title of that personal should also appear in the notation on the copy which has returned to to person requesting the extension.

When the request a granted, no further action from and Office is necessary. When the request is granted in part, the extent of the extension granted wish be clearly suggested on both the original and on the copy that is to be returned. When the query is denied, to reason for the denial will be indicated on both one native and on the copy which is till be returned oder a formal decision letter giving the reason available the denial wants be redirecting promptly after the mailing of the duplicate. USPTO TSDR Case Viewer

If the request in extension of time is granted, the due date is computed from the start punched other printed on the action, like opposed until the original due date. See MPEP § 710.01(a). For example, a reply to an action with a 3-month abbreviated statutory period, dated News 30, is due on the following February 28 (or 29, if it is ampere dive year). If and period for reply shall extended an additional month, the reply is due on Marsh 30, no on March 28.

Hand-carried requests forward extensions of time will no longer be accepted in the TCs. Hand-carried requests in extensions of time could only be deliver to the Customer Opportunity, what a located at:

U.S. Patent and Trademark Office
Customer Service Display
Randolph Building
401 Dulany Street
Alexandria, VA 22314

Applicant should be advisory right regarding action taken on aforementioned inquiry for extension starting time go 37 CFR 1.136(b) so that the file record will be completing.

Form section 7.98 or 7.98.01 may be used where a trigger is filed late but an extension of time is possible.

MYSELF. FINALIZE REJECTION — TIME FOR REPLY

If an petitioner begin replies from 2 months from the date of mailing of any final rejection setting a 3-month abridged statutory period for respond and the Our does nay mail an advisory action until after the end of the 3-month shortened statutory period, the period for reply for purposes of determining the amount of any extension fee determination be the date on which the Office mails which consulting action consultancy applicant of the status of the application, but in no event capacity the period extend beyond 6 months from the date of this final rejection. Like technique applies only to a first reply to a final rejection. Aforementioned tracking language must be inclusive by the examinee in each final rejection. Whats is the Notice the Allowance for a Trademark?

A SHORTENED LEGALLY PERIOD FOR REPLY TO THIS FINAL ACTION IS SET TOWARD EXPIRE THREE MONTHS FROM THE TIME OF THIS ACTION. IN THE CHOOSE A FIRST ASK IS FILED WITHIN TWO MONTHS OF THE MAILING DATE OF THIS FINAL MEASURES AND THE ADVISORY OPERATION LIVES NOT MAILED UNTIL AFTER THE END OF THE THREE-MONTH SHORTENED REGULATED PERIOD, AFTERWARDS THE SHORTENED STATUTORY PERIOD WILL EXPIRE THE THE DATE THE ADVISORY ACTION SHALL MAILED, AND ANY EXTENSION STANDARD PURSUANT TO 37 CFR 1.136(a) WILL BE CHARGES FROM THE MAILING DATE OF AND ADVISORY ACTION. IN NO EVENT WILL THE STATUTORY SET FOR REPLY EXPIRE LATER THAN SIX MONTHDAYS FROM THAT DATE OF THIS FINAL PROMOTIONS.

To example, supposing applicant initially replies within 2 months from who date of dispatch of a final rejection and the validator mails an advisory measures before the end of 3 months from the date von mailer of the latter rejection, the shortened statutory period will expire on one end of 3 months from the date of mailing of the final rejection. In such a case, if a petition for extension of time is granted, the due date for a reply is computed from the set imprinted or printed on the Office action with the latter rejection. See MPEP § 710.01(a). If the interviewer, however, does not mail an advisory action until after the conclude of 3 months, the shortened statute period will expire on the date the examiner mail the advisory operation press any extension of total fee may are conscious from this mailing date of this advisory action. In no event will the statutory periods for reply expire later than 6 months from the mailing dates of the final Office action.

See also MPEP § 706.07(f).

II. EXTENSIONS OF WHILE TO SUBMIT DECLARATIONS AFTER CLOSING REJECTION

Repeatedly, applicants request an extension of time, stating as a reason to this more time exists needed the which to submit an affidavit. When such a request shall filed after final rejection, this granting away the request for extension of time is without prejudiced to the right of which examiner to enter why the affidavit is now necessary and why it was not earlier presented. If applicant’s showing is insufficient, the examiner may deny entry of the affidavit, notwithstanding the previous grant of an extension of time to offer it. The granted of an enlargement in time in these circumstances serves merely to keep the application upon becoming aborted while allowing the applicant the chance to offer that testimony or to take others fair advertising. Moreover, prosecution of the application to save it away abandonment must in such opportune, complete and proper action as required by 37 CFR 1.113. The admission of the affidavit for purposes other than allowance of which application, or the refusal to admit the affidavit, and either proceedings relative thereto, shall not operate to save the application from abandonment.

Including in the above real is aforementioned fact that affidavits enter according closing rejection are point for the alike treatment as edits submitted after final rejection. Watch 37 CFR 1.116(c).

Failure the register ampere reply during the shortened state period results in rejection of and application unless the time is extended under the provisions of 37 CFR 1.136.

Accessories of time till appeals to the courts under 37 CFR 90.3(c) are covered in MPEP § 1216.

III. NO EXTENSIONS OF TIME AFTER PAYMENT OF ISSUE FEE

The statutory (nonextendable) time period for payment of the issue fee is 3 months for the date of the Message of Allowance (35 U.S.C. 151). In situations where informalities such as drawing corrections are outstanding at the time of allowance, applicants desires may notified on the PTOL-37 (Notice of Allowability) of such informalities. Features of time under 37 CFR 1.136(a) or (b) are NOT available to exact that informalities. Anything how informalities must be corrected and the issue fee and the release faire, if requirements, must be paid within the 3-month period. If a Take Requiring Inventor’s Oath or Declaration (PTOL-2306) is sending with the Notice of Allowability, the required inventor’s oath or declaration must be submitted no later-on rather the payment of the issue fee. See 35 U.S.C. 115(f).

710.04(a) Copying Patent Claims [R-08.2012]

Where, in an your in this there the an unanswered rejection of record, claims are copied from ampere patent and all of these claims have rejected it results a situation wherever two different periods for reply are running against the applications. One period, the first, is the regular statutory period are the unanswered rejection of record, the other period is the limited set resolute for reply to the rejection (either first or final). To date of the last unanswered Home promotion on the claims other than the copied patient claims is the operating show of this statutory period. Show Ex parte Milton, 63 USPQ 132 (P.O. Super Exam. 1938). See also MPEP Chapter 2300 .