How is the date of abandonment determined for a patent application with a final Office action?

The date of abandonment for a patent application with a final Office action is determined based on the following scenarios:

• If no reply is filed, the application becomes abandoned on the day after the due date for reply.
• If a reply is filed but doesn’t meet the requirements for continued examination, the application becomes abandoned on the day after the expiration of the statutory period.

MPEP 711.04(a) states: ‘If a final Office action sets a 3-month shortened statutory period for reply with a warning that no extension of time under 37 CFR 1.136(a) will be permitted, and no reply is filed, the application becomes abandoned on the day after the 3-month shortened statutory period expires.’

To learn more:

• patent application
• final Office action
• date of abandonment
• statutory period