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What is the deadline for responding to an office action?

Written by Jan Buza

Co-founder of Trama

Response deadlines vary from jurisdiction to jurisdiction. Here are the current standards for major jurisdictions:

US: 3 months from the date of the office action, extendable once to 6 months for a fee of $125 per class.
UK: 2 months, with a possible extension of up to 4 additional months.
EU: 2 months, with a possible 2-month extension.
Australia: the deadline runs from the filing date of the application, not the office action date.
Canada: 2 months, with extensions available.

Missing the deadline without requesting an extension results in the application being abandoned. Extension requests must be filed before the current deadline expires.

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