Free tool — rules and fees verified August 2026
USPTO Office Action Deadline Calculator
Every action type, the current extension fees for your entity size, the weekend and federal-holiday roll-forward, and the statutory caps — computed instantly. The calculator runs entirely in your browser — nothing you enter is uploaded.
Use the date printed on the action (MPEP 710.01(a)) — not the day you received or read it.
The period legally is whatever your action sets (35 U.S.C. § 133 allows any period of 30 days or more) — check the action’s first page. Periods stated in days rather than months are counted in calendar days and are outside this calculator.
Runs entirely in your browser — nothing you enter is uploaded.
Awaiting input
Select the action type and enter the notification/mail date printed on the action. The deadline, every available extension month, and the current fee for your entity size appear here instantly.
This calculator is provided for general information only and is not legal advice; deadlines are computed from the notification/mail date printed on the Office action, which may differ from the date you received it, and do not account for patent term adjustment, revival, reexamination, appeal, or other special proceedings — always verify every date and the period actually set in your Office action against the official record in USPTO Patent Center before docketing or relying on it.
How long do you have to respond to a USPTO office action?
Most USPTO office actions on the merits set a three-month shortened statutory period for reply, measured from the notification or mail date printed on the action (MPEP 710.02(b)). That period can be extended by one to five months with an automatic extension of time under 37 CFR 1.136(a) — but never beyond six months from the action’s mail date, because 35 U.S.C. § 133 abandons the application after six months.
Two-month periods are typical for restriction requirements, Ex parte Quayle actions, and Notices to File Missing Parts. The period legally is whatever the action itself sets — § 133 lets the Office fix any period of 30 days or more — so always read the first page of your action and use the override field in the calculator when it differs.
Response periods by action type
| Action type | Typical period set | Extendable? | Absolute maximum | Authority |
|---|---|---|---|---|
| Non-final office action | 3 months | Yes — 37 CFR 1.136(a) | 6 months from mail date | MPEP 710.02(b); 35 U.S.C. § 133 |
| Final office action | 3 months | Yes — with the after-final advisory-action nuance | 6 months from mail date | MPEP 710.02(e) |
| Restriction requirement / election of species | 2 months (current practice) | Yes — 37 CFR 1.136(a) | 6 months from mail date | MPEP 710.02(b) |
| Ex parte Quayle action | 2 months | Yes — 37 CFR 1.136(a) | 6 months from mail date | MPEP 710.02(b) |
| Notice to File Missing Parts | 2 months (set in the notice) | Yes — up to 5 months (not a § 133 period) | 7 months from notice date | MPEP 601.01(a) |
| Notice of Allowance — issue fee | 3 months (statutory) | No — only the § 21(b) weekend/holiday roll-forward | 3 months from mailing date | 35 U.S.C. § 151; 37 CFR 1.311(a) |
Current extension-of-time fees
| Extension length | Undiscounted | Small entity (40%) | Micro entity (20%) |
|---|---|---|---|
| 1 month | $235 (1251) | $94 (2251) | $47 (3251) |
| 2 months | $690 (1252) | $276 (2252) | $138 (3252) |
| 3 months | $1,590 (1253) | $636 (2253) | $318 (3253) |
| 4 months | $2,495 (1254) | $998 (2254) | $499 (3254) |
| 5 months | $3,395 (1255) | $1,358 (2255) | $679 (3255) |
One fee is owed for the total months of extension needed — not the sum of the monthly fees. The date the petition and fee are filed determines the extension length required (37 CFR 1.136(a)(2)), and the petition and fee may simply accompany the late reply.
The six-month trap — and its two exceptions
35 U.S.C. § 133 abandons an application that is not prosecuted “within six months after any action thereon.” No extension of time can move a reply deadline past six months from the office action’s mail date — which is why a three-month period supports at most three extension months, and a two-month period at most four.
Exception one cuts the runway shorter: the issue fee after a Notice of Allowance is due three months from the notice’s mailing date, and 37 CFR 1.311(a) makes that period flatly non-extendable. Exception two runs longer: a Notice to File Missing Parts is a pre-examination notice, not a § 133 statutory period, so its two-month period extends a full five months — seven months total (MPEP 601.01(a), Federal Register 2018-00270).
After a final rejection: the advisory-action rule
Filing your first reply within two months of a final office action buys a procedural safeguard under MPEP 710.02(e): if the examiner’s advisory action mails after the three-month shortened statutory period would have expired, the period expires on the advisory action’s mail date instead, and any 37 CFR 1.136(a) extension fee is calculated from that date rather than from the original three-month date.
The six-month ceiling still stands — in no event does the period for reply run past six months from the final action’s mail date. The calculator’s after-final mode implements exactly this rule: enter the advisory action’s mail date and it re-anchors the extension-fee schedule for you.
Weekends, federal holidays, and extension anchoring
When the last day of any reply period falls on a Saturday, Sunday, or a federal holiday within the District of Columbia, the reply is timely on the next business day (35 U.S.C. § 21(b), 37 CFR 1.7(a)). The calculator applies the full 5 U.S.C. § 6103 holiday calendar, including observed days (a Saturday holiday is observed the preceding Friday, a Sunday holiday the following Monday) and Inauguration Day in the District of Columbia.
The subtle rule practitioners miss: MPEP 710.05 anchors extension months to the original calendar end date, not the rolled business day. The MPEP’s own example: an action mailed May 31, 2019 has its period end Saturday, August 31; the no-fee reply is timely Tuesday, September 3 (Labor Day Monday) — but a one-month extension runs from August 31 to September 30, not from September 3 to October 3. The calculator flags every roll-forward inline and anchors extensions correctly.
Frequently asked questions
How long do you have to respond to a USPTO office action?
Most office actions on the merits set a three-month shortened statutory period for reply, measured from the notification or mail date printed on the action (MPEP 710.02(b)). Restriction requirements and Ex parte Quayle actions typically set two months. With extensions of time under 37 CFR 1.136(a), the reply can be filed up to six months from the action’s mail date — never later, because 35 U.S.C. § 133 makes six months the absolute statutory maximum.
Can I get an extension on a final office action?
Yes. 37 CFR 1.136(a) extensions of time apply to final office actions exactly as they do to non-final actions, up to the same six-month statutory maximum. There is one timing nuance: if you file your first reply within two months of the final action and the examiner’s advisory action mails after the three-month period would have expired, the shortened statutory period runs to the advisory action’s mail date and any extension fee is calculated from that date (MPEP 710.02(e)).
Is the issue fee deadline extendable?
No. The issue fee is due three months from the mailing date of the Notice of Allowance, and 37 CFR 1.311(a) states that this three-month period “is not extendable.” 35 U.S.C. § 151 makes nonpayment result in abandonment. The only relief that applies is the weekend/holiday roll-forward of 35 U.S.C. § 21(b), because it expressly covers paying any fee.
What if the deadline falls on a weekend or federal holiday?
Under 35 U.S.C. § 21(b) and 37 CFR 1.7(a), when the last day of a period falls on a Saturday, Sunday, or a federal holiday within the District of Columbia, the action may be taken on the next business day. Important caveat: extension months are still added to the original calendar end date of the period, not to the rolled business day (MPEP 710.05) — a deadline that rolled from Saturday to Tuesday does not shift every later extension deadline by three days.
How much does an extension of time cost at the USPTO?
Under 37 CFR 1.17(a), effective January 19, 2025: $235 / $690 / $1,590 / $2,495 / $3,395 for one through five months (undiscounted), with small-entity fees at 40% and micro-entity fees at 20% of those amounts. One fee is owed for the total extension length needed — not the sum of the monthly fees (37 CFR 1.136(a)(2)).
How long do I have to respond to a restriction requirement?
Current USPTO practice sets a two-month shortened statutory period for a requirement for restriction or election of species with no action on the merits (MPEP 710.02(b)). The period is extendable under 37 CFR 1.136(a) up to six months from the mail date. Always check the period actually printed on your requirement — 35 U.S.C. § 133 lets the Office set any period of 30 days or more, and older practice used one month.
Can I extend a Notice to File Missing Parts?
Yes. The missing-parts period — usually two months from the notice date — is extendable under 37 CFR 1.136(a) by up to five months, for a total of seven months. Unlike an office action, the missing-parts period is a pre-examination notice period that is not subject to the six-month cap of 35 U.S.C. § 133 (MPEP 601.01(a)).
What happens if I miss the six-month statutory deadline?
Under 35 U.S.C. § 133 the application becomes abandoned as of the day after the period expired. Revival is possible only by petition under 37 CFR 1.137 on the basis of unintentional delay, with its own fee — a proceeding outside the scope of this calculator. Verify the status of any at-risk application in USPTO Patent Center immediately.
Sources
- 01
MPEP 710 — shortened statutory periods by action type (710.02(b)), corresponding-day month arithmetic (710.01(a)), weekend/holiday practice and extension anchoring (710.05), after-final advisory-action timing (710.02(e)).
https://www.uspto.gov/web/offices/pac/mpep/s710.html - 02
35 U.S.C. § 133 — abandonment on failure to reply within six months; the Office may set any shorter period of not less than 30 days.
https://www.law.cornell.edu/uscode/text/35/133 - 03
37 CFR 1.136 — extensions of time of one to five months; the fee is determined by the total months of extension needed (1.136(a)(2)); exclusions in 1.136(a)(1)(i)–(v).
https://www.law.cornell.edu/cfr/text/37/1.136 - 04
USPTO fee schedule — 37 CFR 1.17(a)(1)–(5) extension-of-time fees effective January 19, 2025 (fee codes 1251–1255, 2251–2255, 3251–3255).
https://www.uspto.gov/learning-and-resources/fees-and-payment/uspto-fee-schedule - 05
35 U.S.C. § 21(b) — action may be taken, or fee paid, on the next business day when the last day falls on a Saturday, Sunday, or federal holiday within the District of Columbia.
https://www.law.cornell.edu/uscode/text/35/21 - 06
37 CFR 1.7(a) — the § 21(b) roll-forward applies to any period fixed by statute or by the rules, so it covers extended deadlines too.
https://www.law.cornell.edu/cfr/text/37/1.7 - 07
35 U.S.C. § 151 — the issue fee shall be paid within three months; nonpayment means the application shall be regarded as abandoned.
https://www.law.cornell.edu/uscode/text/35/151 - 08
37 CFR 1.311(a) — the issue fee and any required publication fee are due within three months of the notice of allowance; “This three-month period is not extendable.”
https://www.law.cornell.edu/cfr/text/37/1.311 - 09
MPEP 601.01(a) — Notice to File Missing Parts period (usually two months), extendable under 37 CFR 1.136.
https://www.uspto.gov/web/offices/pac/mpep/s601.html - 10
Federal Register (Extended Missing Parts Pilot) — the missing-parts period is not identified as a 35 U.S.C. § 133 statutory period, so five additional extension months (seven months total) are available.
https://www.federalregister.gov/documents/2018/01/10/2018-00270/extension-of-the-extended-missing-parts-pilot-program - 11
5 U.S.C. § 6103 — the federal holiday list, in-lieu-of observance rules, and Inauguration Day for the DC area.
https://www.law.cornell.edu/uscode/text/5/6103
Scope and disclaimer
This calculator is provided for general information only and is not legal advice; deadlines are computed from the notification/mail date printed on the Office action, which may differ from the date you received it, and do not account for patent term adjustment, revival, reexamination, appeal, or other special proceedings — always verify every date and the period actually set in your Office action against the official record in USPTO Patent Center before docketing or relying on it.
Out of scope: patent term adjustment interplay (35 U.S.C. § 154(b)), reexamination periods (37 CFR 1.550(c), 1.956), PTAB briefing (37 CFR 41.41, 41.47), derivation proceedings, revival petitions (37 CFR 1.137), and periods stated in days rather than months. Rules and fees on this page were verified August 2026 against the primary sources listed above.
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