Statutory Deadline Calculator
The filing window for 3PPS is "brittle." Use this tool to determine whether the window is still open.
Your deadline is the earlier of: (a) a Notice of Allowance, or (b) the later of 6 months post-publication or the first Office Action date. Enter your dates below to check instantly.
The Statutory Rule
Under 35 U.S.C. § 122(e), a Third-Party Preissuance Submission must be filed before the earlier of:
- The date a Notice of Allowance (NOA) is issued; or
- The later of:
- 6 months after the application is published; or
- The date of the first rejection of any claim
The Notice of Allowance is a hard stop — it can arrive at any time with no warning. If an NOA is issued, the window closes immediately. This is why practitioners call the window "brittle." Do not wait.
Visualizing the Window
Clock starts
Base deadline
Extends if later
Closes immediately
The Calculator
This calculator provides an estimate. Always verify deadlines independently and consult a qualified patent practitioner for time-sensitive filings.
How to Find the Relevant Dates
Publication Date
Appears on the face of the published patent application. Also searchable in Google Patents and USPTO Patent Center by application number.
First Office Action Date
In USPTO Patent Center ↗, under "Image File Wrapper," look for the first document labeled "Non-Final Rejection." The mailing date is printed on its cover.
Notice of Allowance
Also in the Image File Wrapper. If the most recent action is an NOA, the window is closed.
Edge Cases & Nuances
| Situation | Effect on Window |
|---|---|
| Published, no OA yet, within 6 months | Window open. Deadline = pub date + 6 months. |
| First OA issued more than 6 months after publication | Window extended. Deadline = date of first OA. |
| First OA issued within 6 months of publication | No extension. Deadline remains pub + 6 months. |
| NOA issued at any point | Window immediately closed. |
| Application abandoned | Cannot file. |
| Continuation or divisional application | Each application has its own independent window. |