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

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.

What happens if I miss the Office Action deadline?

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.

How much are USPTO extension-of-time fees?

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.

Free Tool · Prosecution

When is your Office Action response due?

Name: PatentBrief
Address: Phoenix, AZ, US
Price range: Free

Miss an Office Action deadline and your application goes abandoned. You get 3 months free, then up to 3 more for a fee — but never past 6 months. Enter the mail date and we'll map every deadline and the extension fees.

Office Action mail date

Entity status

Extension of time

Final rejection?

Enter the Office Action mail date to see your deadlines.

Deadline and fee estimates for planning, not legal advice. Docket your dates with a calendar and confirm current USPTO fees before paying — a missed response can abandon the application. PatentBrief is not a law firm.

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Filing Track · Step 6 of 6

Where this fits · The patent process

Stage 06 / 08Examination & prosecution

Keep going · Related guides

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