Beginning December 3, 2022, the U.S. Patent and Trademark Office shortened its Office Action response deadlines. Previously, applicants had six months to respond to Office Actions (raising issues requiring resolution during the examination phase of the application process). Now, the response window is only three months.
One extension of the three-month term is available for a $125 fee. With timely communication, most Office Actions can be handled in the three-month term. However, some matters offer unique challenges that may necessitate more time, such as seeking consent from a third-party registrant or collecting evidence of use to prove acquired distinctiveness. We will promptly let you know when an Office Action issues. We encourage you to advise your OW&E attorney immediately if you are concerned about the shorter deadline.
The three-month response term does not apply to U.S. extensions of protection through the Madrid Protocol. For foreign applications filed under the Madrid Protocol, the Office Action response term remains six months.