Can I request an extension to respond to an office action?

Photo of Jan Buza

Written by Jan Buza

Co-founder of Trama

In most jurisdictions, you can request an OA response extension. The availability of extensions varies by IP office.

In the US, one three-month extension is available per office action, bringing the total response period to six months from the office action date. The extension request must be filed before the original three-month deadline expires and costs $125 per class. Only one extension is permitted per office action; once the six-month period has passed, no further extension is available.

In the UK, extensions of up to four additional months are available. In the EU, one two-month extension is available. In other jurisdictions, the availability and duration of extensions varies; confirm with your representative before the original deadline expires.

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