What happens if an applicant fails to reply to a non-final Office action within the period for reply?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 10 Rules 5 Related FAQs 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 an applicant fails to reply to a non-final Office action within the period for reply, the application becomes abandoned. According to MPEP 711.02(a) , “An application becomes abandoned if applicant ‘fails to reply’ to an office action within the fixed statutory period.” This is based on 35 U.S.C. 133 . The examiner should note the failure to reply in the file wrapper and send a Notice of Abandonment to the applicant. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse New Time Period for Inadvertently Omitted Matter in Reply to Non-Final Office Action MPEP 711 Permitted Abandonment for Nonresponsive Reply MPEP 711.02(a) Reply Required Within Time Period Otherwise Abandoned MPEP 711 Requirement for Fully Responsive Reply MPEP 711.02(a) Permitted Application Must Be Explicitly Abandoned MPEP 711 Reply Required to Save Application from Abandonment MPEP 711 Required Amendments Not Saving Application from Abandonment MPEP 711 Declaration Required for Abandonment of Patent Application MPEP 711 Permitted Express Abandonment Must Be Timely Received MPEP 711 Prohibited Written Declaration Must Be Signed by Authorized Party MPEP 711 Required Other Related FAQs 5 FAQs Collapse What happens if an applicant fails to reply to a non-final Office action within the period for reply? Can a patent application be revived after abandonment due to an insufficient reply? Can a patent application be revived after abandonment due to an insufficient reply? Can a patent application be revived after abandonment due to an insufficient reply? How does the USPTO determine if a reply to an Office action is considered insufficient?