704.13    Time Periods for Reply [R-08.2012]

A reply, or a failure to reply, to a requirement for information under 37 CFR 1.105  will be governed by 37 CFR 1.135  and 1.136. See MPEP § 710 et seq.

Requirements for information under 37 CFR 1.105  made without an action on the merits should set a shortened statutory period of two months for reply. Applicant may extend the time period for reply up to six months in accordance with 37 CFR 1.136(a).

Requirements sent with an Office action on the merits, and not as a separate Office action, will be given the same period for reply as the action on the merits.

A requirement for information under 37 CFR 1.105  is an Office action under 35 U.S.C. 132  for patent term adjustment purposes. See MPEP § 2730 for information pertaining to patent term adjustment.