What happens if a reply to an Office action is filed after the expiration of the statutory period?

What happens if a reply to an Office action is filed after the expiration of the statutory period?

If a reply to an Office action is filed after the expiration of the statutory period, it may still be accepted if it meets certain conditions. According to MPEP 710:

“Any reply received in the Office after the expiration of the statutory period… may be accepted if the delay in filing was unintentional.”

However, this acceptance is subject to the following requirements:

• The reply must be accompanied by a petition to revive under 37 CFR 1.137.
• The petition must include a statement that the entire delay was unintentional.
• The appropriate petition fee must be paid.

It’s important to note that the USPTO has discretion in accepting such late replies, and the unintentional delay must be properly explained and supported.

To learn more:

• late reply
• petition to revive
• unintentional delay
• Office action response