Can a patent application be abandoned due to an insufficient reply to a restriction requirement?
Can a patent application be abandoned due to an insufficient reply to a restriction requirement?
Yes, a patent application can be abandoned if the applicant provides an insufficient reply to a restriction requirement. The MPEP 711.02(a) states:
“Failure to elect species, in response to a restriction requirement, may also result in abandonment.”
This means that if you receive a restriction requirement asking you to choose between different species or inventions in your application, and you fail to make a proper election, your application could be considered abandoned. It’s essential to carefully read and respond to restriction requirements to avoid this outcome.
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