What is the difference between a Notice of Abandonment and a Notice of Incomplete Reply?
The USPTO issues different types of notices depending on the status of an application. The MPEP 711.04(c) distinguishes between a Notice of Abandonment and a Notice of Incomplete Reply:
Where an Office action sets a shortened statutory period under 37 CFR 1.134 but does not actually address any of the applicant’s submissions filed within two months of the mail date of the action, the Office may mail a Notice of Incomplete Reply under 37 CFR 1.135(c) rather than a Notice of Abandonment.
Key differences:
- Notice of Abandonment: Issued when an application is deemed abandoned due to failure to respond to an Office action within the specified time period.
- Notice of Incomplete Reply: Issued when the applicant has responded within the time period, but the response is considered incomplete or inadequate.
Understanding these distinctions is crucial for applicants to respond appropriately and avoid unintentional abandonment of their applications.
To learn more: