35 U.S.C. § 133 — Time for prosecuting application

submitted 74 years ago by ch. 950 to r/title-35-PATENTS · 56 words · no verdicts yet

in plain englishAI-generated · not legal advice

The applicant has six months to respond, once notice of a Patent Office action is given or mailed. The Director may shorten this to as little as thirty days. If the applicant misses the deadline, the application is treated as abandoned.

If the applicant fails to prosecute (move forward with) the application within six months, the application is treated as abandoned by the parties involved. That six-month clock starts once notice of an action in the application has been given to or mailed to the applicant. Instead of six months, the Director can set a shorter deadline for the applicant to act, but that shorter deadline can never be less than thirty days.

the actual law source: uscode.house.gov ↗public domain

Upon failure of the applicant to prosecute the application within six months after any action therein, of which notice has been given or mailed to the applicant, or within such shorter time, not less than thirty days, as fixed by the Director in such action, the application shall be regarded as abandoned by the parties thereto.

Source credit: (July 19, 1952, ch. 950, 66 Stat. 801; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A–582; Pub. L. 107–273, div. C, title III, § 13206(b)(1)(B), Nov. 2, 2002, 116 Stat. 1906; Pub. L. 112–211, title II, § 202(b)(5), Dec. 18, 2012, 126 Stat. 1536.)

history & why it existsrecord from the source credit

1952Enacted · Act of July 19, 1952, ch. 950 · 66 Stat. 801
1999Amended · Pub. L. 106-113 · 113 Stat. 1536, 1501
2002Amended · Pub. L. 107-273 · 116 Stat. 1906
2012Amended · Pub. L. 112-211 · 126 Stat. 1536

A history note hasn’t been published yet. The record shows enactment by ch. 950 on 1952-07-19.

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