How long do I have to respond to a non-final office action?

A response to a non-final office action may be made within six months before it will become abandoned if no action is taken. However, surcharges will apply for any response after a shortened reply period (one month for a restriction requirement and three months for a non-final action ‘on the merits’; that is, not just a restriction, but an action with reasons for rejection).

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The content of this article is not intended to be, and does not constitute, legal advice and does not create attorney-client privilege. Consult the attorney of your choice before embarking on any legal matter or any document preparation/filing.

Dr. Thomas R. (Terry) Williamson III is a Patent Attorney practicing in Atlanta, Georgia.

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