How does the USPTO handle amendments that are not fully responsive?
How does the USPTO handle amendments that are not fully responsive?
The USPTO has a specific procedure for handling amendments that are not fully responsive to a previous Office action. According to MPEP 714.03:
“If a timely reply is received in the Office which fails to be a complete response to the prior Office action or where applicant has failed to respond to some matter raised in the prior Office action, but the reply shows evidence of a bona fide attempt to respond, applicant will be given a new shortened statutory period of TWO MONTHS from the mailing date of the non-responsive Office action within which to supply the correction.”
This means that if an applicant’s response is not fully compliant but shows a genuine effort to address the issues, the examiner will:
- Issue a notice of non-responsive amendment
- Provide a new two-month period for the applicant to correct the deficiencies
- Explain which aspects of the previous Office action were not adequately addressed
This approach allows applicants to rectify incomplete responses without abandoning their applications, promoting fair and efficient patent examination.
To learn more: