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

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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