Legal Definitions - shortened statutory period

A shortened statutory period refers to a reduced timeframe, typically ranging from 30 days to less than six months, that the U.S. Patent and Trademark Office (USPTO) provides to a patent applicant to respond to an official communication, known as an "office action." While the standard period for responding to most office actions is six months, the USPTO may shorten this duration in specific circumstances, often to expedite the examination process or address particular issues efficiently. Applicants usually have the option to request an extension of this shortened period back to the full six-month statutory period if more time is needed.

• Example 1: Minor Formal Correction

  A small tech company, InnovateGadgets Inc., files a patent application for a new wearable device. The patent examiner reviews the application and issues an office action, pointing out that one of the inventor's declarations is missing a required signature. Because this is a straightforward, minor formal correction that can be quickly remedied, the examiner sets a response period of two months instead of the usual six months.

  This illustrates a shortened statutory period because InnovateGadgets Inc. is given 60 days (two months) to address the examiner's request, which is less than the standard six-month response time. The nature of the minor issue allows for a quicker resolution.

• Example 2: Clear Prior Art Rejection

  Dr. Elena Rodriguez, a pharmaceutical researcher, applies for a patent on a new drug compound. The patent examiner issues an office action, clearly rejecting several claims based on a very similar existing patent (prior art) that was overlooked in Dr. Rodriguez's initial search. Believing that the applicant should be able to quickly understand and address this clear rejection, the examiner assigns a three-month response period.

  Here, the three-month deadline represents a shortened statutory period. Dr. Rodriguez must respond to the examiner's rejection within 90 days, a significantly reduced timeframe compared to the full six months, prompting a prompt decision on how to proceed with the application.

• Example 3: Streamlining Examination for Specific Cases

  A design firm, Aesthetic Innovations, files a design patent application for a unique furniture piece. Design patent applications often involve simpler claims and less complex prosecution than utility patents. The examiner, aiming to streamline the process for this type of application, issues an office action requesting minor claim amendments and sets a response deadline of 45 days.

  This scenario demonstrates a shortened statutory period because Aesthetic Innovations must respond to the examiner's concerns within 45 days. This shorter period is applied to encourage efficient processing for certain types of applications where quicker responses are generally feasible.