What constitutes a failure to reply under 37 CFR 1.135(a)?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. A failure to reply under 37 CFR 1.135(a) can occur in two ways: Failure to reply within the statutory period Insufficiency of reply, i.e., failure to file a “complete and proper reply, as the condition of the case may require” within the statutory period As stated in the MPEP: “ 37 CFR 1.135(a) specifies that an application becomes abandoned if applicant “fails to reply” to an Office action within the fixed statutory period. “ Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Abandonment After Non-Final Office Action Deadline MPEP 711.04(a) Permitted 3 Month Period After Non-Final Office Action Expired MPEP 711.04(a) Permitted Application Abandoned If Omission Not Corrected Within Time MPEP 711.03(c) 3 Month Period After Non-Final Office Action Expiration MPEP 711.04(a) Permitted Reply Required Within Time Period Otherwise Abandoned MPEP 711 Reply Required to Save Application from Abandonment MPEP 711 Required Express Abandonment of Patent Application MPEP 711 Permitted Extension of Reply Period Due to Office Closure MPEP 711.04(a) Permitted 3 Month Reply Period After Non-Final Office Action MPEP 711.04(a) Permitted Application Must Be Explicitly Abandoned MPEP 711 Other Related FAQs 5 FAQs Collapse What happens if an applicant fails to respond to a request for a property rights statement? When is a provisional patent application considered abandoned? What happens to abandoned applications that are later revived? What happens to an application after it becomes abandoned? Can failure to pay the issue fee result in an abandoned patent application?