[Patentpractice] Extended Due Date/Sanity Check Question

[David Boundy]

I think you have one more month, to total six months, April 17.  I disagree
with Tim Snowden -- the six month deadline is statutory.   The statutory
deadline applies to all "objections or requirements" or "actions" even if
the underlying basis is regulatory.   "Action" is defined in 5 U.S.C. 551.
  Look at sections 132 and 133 --

35 U.S.C. § 132 - Notice of rejection; reexamination

(a) Whenever, on examination, any claim for a patent is rejected, or any
objection or requirement made, the Director shall notify the applicant
thereof, stating the reasons for such rejection, or objection or
requirement, together with such information and references as may be useful
in judging of the propriety of continuing the prosecution of his
application; and if after receiving such notice, the applicant persists in
his claim for a patent, with or without amendment, the application shall be
re­examined. No amendment shall introduce new matter into the disclosure of
the invention.


35 U.S.C. § 133 - Time for prosecuting application

Upon failure of the applicant to prosecute the application within six
months after any action therein, of which notice has been given or mailed
to the applicant, or within such shorter time, not less than thirty days,
as fixed by the Director in such action, the application shall be regarded
as abandoned by the parties thereto.
Five months extension is only available for a few situations --
     -- teh initial time is one month
     -- teh deadline runs from some action of the applicant (such as filing
a Notice of Appeal) rather than responding to an objection, requirement, or
"any action" of the PTO.

On Wed, Mar 12, 2025 at 11:15 AM Suzannah K. Sundby via Patentpractice <
patentpractice at oppedahl-lists.com> wrote:

> Received a Notification to Comply (with Sequence Listing Requirements),
> which is essentially a Notice of Missing Parts.
>
>
>
> The Notice was mailed October 17, 2024, and sets an extendible 2 month
> shortened due date.
>
>
>
> The USPTO just mailed a Notice of Abandonment for failing to timely
> respond.
>
>
>
> Thus, I need a sanity check:
>
> Because it is a 2-month shortened date, the due date can be extended by 5
> months to May 17, 2025 – Correct?
>
>
>
> Suzannah K. Sundby <http://www.linkedin.com/in/ssundby/> *|* Partner
>
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>
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