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Extension of Due Dates:
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When extending due dates:
- Total automatic extension cannot be greater than five months.
- Total statutory time limit for all responses to Official Actions cannot be extended more than six months.
Due dates cannot be extended for the following:
- IDSs.
- Any due date set by statute as the six month absolute deadline.
- Payment of the issue fee, although it can be paid late.
- Deadline for responding to a Notice of Omitted Items.
- The two month deadline to obtain a refund for a fee paid as a large entity.
Unintentional delay:
The applicant must attempt to prove that his or her delay was unintentional, to do this he or she will have to submit a petition that includes:
- Evidence showing that the delay was unintentional.
- The required reply.
- The required fee.
- Any terminal disclaimer that is deemed necessary.
Petitions:
Must be filed within 2 months from the action complained of.
The mere filing of a petition will not stay the period for replying to an examiner’s action which may be running against an application, nor act as a stay of other proceedings.
