How can I avoid abandonment if my reply is considered insufficient?

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.

If your reply is considered insufficient, you can avoid abandonment by taking prompt action. The USPTO provides a mechanism for this situation, as outlined in MPEP 711.02(a):

Since the period for reply set forth in the prior Office action has expired, this application will become abandoned unless applicant corrects the deficiency and obtains an extension of time under 37 CFR 1.136(a).

To avoid abandonment, you should:

1. Correct the deficiencies in your reply to make it fully responsive
2. File a petition for an extension of time under 37 CFR 1.136(a)
3. Pay the appropriate extension fee

Note: The extension cannot exceed FIVE (5) MONTHS beyond the original reply date set in the Office action.