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

Like for a non-final office action, you may respond within six months; however, any response over three months will require a surcharge fee. There is an important reason that you make a response within two months after mailing of a final office action. This is that there is the possibility that you can convince the examiner to allow some or all of your claims and issue an Advisory Action, and if so, you can still make a further response within the initial three month period to amend your application to conform to what the examiner appears willing to grant you. Otherwise, such as if you want to file a Request for Continued Examination, or if you receive the advisory action later than the three month period, you will have to pay the surcharges.

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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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