What happens if an applicant fails to submit required application components within the specified time period?

If an applicant fails to submit required application components within the specified time period, the following consequences may occur:

• The application may be considered abandoned.
• If abandoned, the application will be treated as though it had never been filed.
• The applicant may lose the benefit of the original filing date.

The MPEP states: Upon failure to submit the fee, oath or declaration, and 1 or more claims within such prescribed period, the application shall be regarded as abandoned.

However, it may be possible to revive an abandoned application under certain circumstances:

• The applicant can file a petition to revive under 37 CFR 1.137.
• The petition must be accompanied by the required reply, the petition fee, and a statement that the entire delay was unintentional.

It’s crucial to respond to any notices from the USPTO promptly and to submit all required components within the specified timeframes to avoid these issues.

To learn more:

• application abandonment
• patent application
• USPTO
• revival