Can I request an extension to respond to an office action?

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Written by Jan Buza

Co-founder of Trama

Yes, you can ask for a single three-month deadline extension to respond to an office action issued by the USPTO during the examination phase. This gives you a total response period of six months from the issue date listed on the office action.

The USPTO further specifies that:

  • You can file an extension request only one time per office action.
  • You can only request an extension of time after an office action is issued.
  • The request must be for the most recently issued office action.
  • You must file the request before you file a response to an office action.
  • The USPTO must receive the request on or before the initial deadline.

The fee for extension is $125 per request (excl. professional service fees).

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