What are the consequences of not replying to a Requirement for Information?
What are the consequences of not replying to a Requirement for Information?
Failing to reply to a Requirement for Information can have serious consequences for a patent application. According to MPEP 704.14(a):
‘The consequences of failure to reply are governed by 37 CFR 1.135.’
These consequences may include:
- The application being deemed abandoned
- Termination of proceedings
- Potential loss of patent rights
It’s crucial for applicants to understand that a Requirement for Information is an official USPTO action that requires a timely and complete response. If an applicant cannot provide the requested information, they should explain why it is unavailable or submit a good faith attempt to gather the information. Ignoring the requirement or providing an incomplete response can jeopardize the patent application.
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