What does ‘failure to take appropriate action’ mean in patent prosecution?

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.

‘Failure to take appropriate action’ in patent prosecution refers to situations where an applicant doesn’t respond to Office actions or meet other required deadlines during the examination process. According to MPEP 203.05, an application can be abandoned:

“through failure of applicant to take appropriate action at some stage in the prosecution of a nonprovisional application”

This could include not responding to an examiner’s rejection within the given time frame, failing to submit required documents, or not meeting other procedural requirements. It’s crucial for applicants to stay engaged in the prosecution process and meet all deadlines to prevent unintentional abandonment.