Question 1

How long do I have to respond to an Office Action?

Accepted Answer

A USPTO Office Action sets a 3-month shortened statutory period to respond, measured from the mail date. You can buy up to 3 additional months by paying an extension-of-time fee, but you can never respond later than 6 months from the mail date — that statutory maximum cannot be extended.

Question 2

What happens if I miss the Office Action deadline?

Accepted Answer

If you don't respond by the 6-month statutory maximum, the application is abandoned. It may sometimes be revived by petition if the delay was unintentional, but that requires a petition and fee — so docketing the deadline is critical.

Question 3

How much are USPTO extension-of-time fees?

Accepted Answer

Extension-of-time fees under 37 CFR 1.17(a) escalate with each additional month and scale by entity size — small entities pay 40% and micro entities pay 20% of the large-entity fee. A one-month extension is the cheapest; a three-month extension costs the most.

When is your Office Action response due?