What happens if I file an amendment after the period for reply has expired?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10

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 you file an amendment after the period for reply has expired, it will generally not be entered. According to MPEP 714.17:

An amendment filed after the expiration of the statutory period for reply to an Office action cannot be entered. The applicant may file a continuing application or request for continued examination (RCE) (if applicable).

However, there are some exceptions where a late amendment might be considered. For example, if it’s accompanied by a petition to revive an abandoned application or a request for continued examination (RCE).

Tags: abandoned application, Late Amendment, Period For Reply, RCE