Q) 2 Month Rule for Final Office Action

by patentbar on August 7, 2008 · 54 comments

in Exam Questions

“I had a question that asked about extension fees when the Applicant has replied to a final Office action before 2 months after the mailing date of the Office action. Know that the date of mailing of the Examiner Advisory action resets the 3 month date for calculating extensions of time.”

EDIT (8/31/07): Thats not quite right. If you respond to the final office action within 2 months and the examiner gives an advisory action after the 3 month deadline than the extensions basically run from that point. You must respond before 2 months though and he must respond after 3.

Edit: Also remember to look out for the 6 month statutory bar, which supercedes the 3 month deadline above. In the event that the Advisory Action is mailed out after the 6 mo. bar, it is too late (Applicant would have to have submitted an Notice of Appeal or file continuation before the AA). I doubt if this happens too often.

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