Q) Advisory Action

by patentbar on August 1, 2008 · 11 comments

What is the timing for responding to OAs when having submitted an advisory action?

1 davidtle August 1, 2008 at 5:08 pm

The Period for reply expires on :
(1) the mailing date of this Advisory Action, or
(2) the date set forth in the final rejection, whichever is later. In no event, however, will the stautory period for reply expire later than SIX MONTHS from the mailing date of the final rejection.

2 sethz January 21, 2010 at 10:36 pm

2 month rule, 710.02(e)

3 darkfire May 16, 2010 at 8:51 pm

MPEP 2265: I.FINAL ACTION — TIME FOR RESPONSE
Normally, examiners will complete a response to an amendment after final rejection within 5 days after receipt thereof. In those situations where the advisory action cannot be mailed in sufficient time for the patent owner to consider the examiner’s position with respect to the amendment after final rejection (or other patent owner paper) and act on it before termination of the prosecution of the proceeding, the granting of additional time to complete the response to the final rejection or to take other appropriate action would be appropriate.

4 Overworkked April 28, 2011 at 2:56 pm

Variant on 4/27/2011 E8R8

5 Zariel December 12, 2011 at 11:51 pm: Is that really all there is to it because that’d be fbalbergasting.

6 maggie November 15, 2011 at 5:27 pm

Basically you need to know two points about an Advisory Action:
(A) It does not toll the time against the 6 month rule after a Final rejection (. (B) But in the, 2 month rule/ After final rejection it is a response that will toll time to the next “time extension” payment (if the AA is submitted after the set 3 months response time).

7 jkpatentlaw June 13, 2012 at 12:08 am

This is how I am understanding it please someone correct me if I am wrong:
-office action issued (final rejection)
-applicant has X time to respond (within 6 month statutory period)
-advisory action sent to applicant
what is time to respond?

Wouldn’t applicant still at least have the time remaining on X to respond if there is any time left?
If advisory action was sent after X but before 6 months expires, then the applicant can just ask for 1.136(a) extension right?
In case of asking for automatic extension, fees would be calculated from X.
?

8 MT40 August 12, 2012 at 10:45 pm

This is what I understand: The applicant would still have the time remaining on X. But if the advisory action is mailed after X and the applicant initially responded with in 2 months of the final office action the applicant will not have to pay an extension of time fee. Also 1.136(a) extensions are not allowed after final only 1.136(b) and there must be a showing for cause and the proper fee.

9 Dude August 20, 2012 at 5:38 pm