T.M.E.P. § 1606.12
Response to Office Action

Executive summary:

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1606.12 Response to Office Action

If the renewal application is not acceptable, the USPTO will notify the renewal applicant of the reason(s) for refusal. 15 U.S.C. 1059(b); 37 C.F.R. 2.184(a). Under 37 C.F.R. 2.184(b), a response to a refusal of renewal must be filed within six months of the mailing date of the Post Registration examiner's Office action, or before the expiration date of the registration, whichever is later, or the registration will expire.

The registrant may file a petition under 37 C.F.R. §§2.146(a)(3) and 2.146(a)(5) to waive 37 C.F.R. 2.184(b) and accept a late response to an Office action. However, a rule will be waived only in an extraordinary situation, where justice requires and no other party is injured. See TMEP §1708. The failure to receive an Office action has been found to be an extraordinary circumstance that warrants a waiver of 37 C.F.R. 2.184(b). The "unintentional delay" standard of 37 C.F.R. 2.66 does not apply to a registrant's failure to respond to an Office action issued in connection with a renewal application. TMEP §1714.01(f)(ii).

The renewal applicant may correct deficiencies if the requirements of 37 C.F.R. 2.185 are met. See TMEP §§1606.13 et seq. for information about the procedures, deadlines and surcharge for correcting deficiencies.