What happens if an applicant submits a non-responsive reply to an Office action?
If an applicant submits a non-responsive reply to an Office action, the examiner may take specific actions. According to MPEP 714.02:
‘The examiner should not simply return or mail the papers to applicants as nonresponsive.’
Instead, the following steps may occur:
- The examiner may issue a notice of non-responsive amendment
- The applicant will be given a time period (usually 1 month or 30 days) to supply a complete reply
- If no proper reply is received within the time period, the application may be abandoned
- In some cases, the examiner may contact the applicant to clarify the response or request a supplemental reply
It’s crucial for applicants to ensure their replies are fully responsive to avoid delays or potential abandonment of their application.
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