What happens if an applicant fails to respond to a restriction requirement?
If an applicant fails to respond to a restriction requirement, the following consequences may occur:
- The application may be treated as abandoned.
- A notice of abandonment may be sent to the applicant.
- The applicant may need to file a petition to revive the application.
According to MPEP 818.01(a), “If no election is made, and the examiner cannot reach the applicant by telephone or the applicant does not respond to a telephone request for election, the examiner should consider the reply to be bona fide and fully responsive.” However, if the restriction requirement was clear and complete, and the applicant failed to respond, the application may be treated as abandoned.
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