Important: This tool provides deadline calculations based on published court rules. Results are not legal advice. Always verify deadlines with the applicable court rules and consult with counsel when in doubt.

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Common Intellectual Property Deadlines

Patent Office Action Response

Response to USPTO office action

3-6 months

Depending on restriction/final rejection

Trademark Opposition

Opposition to trademark registration

30 days

From publication in Official Gazette

PTAB Trial Response

Patent Trial and Appeal Board

3 months

For preliminary response

Patent Infringement Answer

Federal court patent litigation

21 days

Under Federal Rules of Civil Procedure

USPTO Specific Deadlines & Procedures

Patent Prosecution

Non-Final Office Action

3 months to respond (6 months with extensions)

Final Office Action

3 months to respond (no extensions beyond 6 months)

Patent Maintenance Fees

3.5, 7.5, and 11.5 years after patent grant

Trademark Prosecution

Statement of Use

6 months from Notice of Allowance

Renewal (§8 Declaration)

Between 5th-6th year after registration

Office Action Response

6 months from mailing date

PTAB & TTAB Trial Proceedings

Note: PTAB and TTAB proceedings have unique trial-like procedures with strict deadlines that differ from federal court practice.

PTAB Proceedings

• Inter Partes Review (IPR) petitions
• Post-Grant Review (PGR) proceedings
• Covered Business Method (CBM) reviews
• Ex parte appeals from patent examiner rejections

Key Deadlines:

• IPR petition: Within 1 year of service of infringement complaint
• Preliminary response: 3 months from institution
• Patent owner response: 3 months from petitioner reply

TTAB Proceedings

• Opposition proceedings against pending applications
• Cancellation proceedings against registered marks
• Concurrent use proceedings
• Interference proceedings between pending applications

Key Deadlines:

• Opposition: 30 days from publication
• Answer: 40 days from service of petition
• Discovery period: 6 months (extendable)

Strategic Considerations for IP Practice

Extension Strategies

USPTO allows extensions for most deadlines with payment of extension fees. Patent prosecution allows up to 6 months total response time, while trademark applications allow various extensions for Statement of Use filings.

Coordination with Litigation

PTAB proceedings are often filed in coordination with federal court patent litigation. Consider the one-year time bar for IPR petitions and the impact of PTAB decisions on pending litigation.

International Considerations

Many IP deadlines are tied to international filing deadlines under the Paris Convention or PCT. Consider foreign filing deadlines when planning domestic prosecution strategy.

Claim Construction Timing

In federal court patent cases, claim construction briefs and hearings typically occur early in the litigation timeline and can significantly impact case strategy and settlement discussions.

Related Calculators

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Federal agency proceedings

How to Use This Calculator

Step-by-step instructions for accurate deadline calculations

Identify IP Proceeding Type

Determine the type of intellectual property matter: patent prosecution, trademark application, copyright registration, or IP litigation in federal court.

Enter Key Date or Action

Input the triggering date such as USPTO office action, opposition deadline, patent issuance, or infringement complaint filing date.

Select Appropriate Jurisdiction

Choose between USPTO proceedings (PTAB, TTAB) or federal court litigation, as each has different rules and deadlines.

Apply IP-Specific Rules

Consider unique IP procedural rules including USPTO practice rules, PTAB trial procedures, and federal court claim construction timelines.

Calculate Response Deadlines

Apply appropriate deadlines for office action responses, opposition proceedings, reexamination requests, or litigation milestones.

Consider Extensions Available

Account for available extensions, USPTO petition procedures, and fee requirements for deadline extensions in IP proceedings.

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