MPEP § 707.13 — Returned Office Action (Annotated Rules)

§707.13 Returned Office Action

USPTO MPEP version: BlueIron's Update: 2025-12-31

This page consolidates and annotates all enforceable requirements under MPEP § 707.13, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.

Returned Office Action

This section addresses Returned Office Action. Contains: 2 guidance statements, 3 permissions, and 4 other statements.

Key Rules

Topic

Access to Correspondence

4 rules
MPEP GuidanceInformativeAlways
[mpep-707-13-c8096364bdb42b9538d72ad8]
Check Mailing Address for Returned Actions
Note:
Ensure the Office action was mailed to the correct correspondence address before remailing it.

Office actions are sometimes returned to the Office because the United States Postal Service has not been able to deliver them. Upon receipt of the returned Office action, the Technology Center (TC) technical support staff will check the application file record to ensure that the Office action was mailed to the correct correspondence address. If the Office action was not mailed to the correct correspondence address, it should be stamped “remailed” with the remailing date and mailed to the correct correspondence address. The period running against the application begins with the date of remailing. If the Office action was mailed to the correct correspondence address, a letter along with a copy of the Office action may be sent to the applicant, or the first named inventor if more than one inventor is the applicant, informing the applicant of the returned action. If the original correspondence address was the same address as the first named inventor, the Office action may be sent to the second named inventor where one exists. The time period for reply to the Office action may be restarted, if appropriate, to run from the mailing date of the letter informing applicant of the returned action. For discussion of when it is appropriate to reset or restart a reply period, see MPEP § 710.06.

Jump to MPEP SourceAccess to CorrespondenceAccess to Prosecution HistoryAccess to Specific Document Types
MPEP GuidanceRecommendedAlways
[mpep-707-13-eefe84e2798177e258426fee]
Remailed Office Action to Correct Address
Note:
If an Office action was not mailed to the correct correspondence address, it should be stamped ‘remailed’ with the remailing date and sent to the correct address.

Office actions are sometimes returned to the Office because the United States Postal Service has not been able to deliver them. Upon receipt of the returned Office action, the Technology Center (TC) technical support staff will check the application file record to ensure that the Office action was mailed to the correct correspondence address. If the Office action was not mailed to the correct correspondence address, it should be stamped “remailed” with the remailing date and mailed to the correct correspondence address. The period running against the application begins with the date of remailing. If the Office action was mailed to the correct correspondence address, a letter along with a copy of the Office action may be sent to the applicant, or the first named inventor if more than one inventor is the applicant, informing the applicant of the returned action. If the original correspondence address was the same address as the first named inventor, the Office action may be sent to the second named inventor where one exists. The time period for reply to the Office action may be restarted, if appropriate, to run from the mailing date of the letter informing applicant of the returned action. For discussion of when it is appropriate to reset or restart a reply period, see MPEP § 710.06.

Jump to MPEP SourceAccess to CorrespondenceAccess to Prosecution HistoryAccess to Specific Document Types
MPEP GuidancePermittedAlways
[mpep-707-13-e7a534b8a8943df3ff7326f6]
Notification for Correctly Mailed Office Actions
Note:
If the Office action was mailed to the correct correspondence address, a letter with the Office action may be sent to the applicant or first named inventor.

Office actions are sometimes returned to the Office because the United States Postal Service has not been able to deliver them. Upon receipt of the returned Office action, the Technology Center (TC) technical support staff will check the application file record to ensure that the Office action was mailed to the correct correspondence address. If the Office action was not mailed to the correct correspondence address, it should be stamped “remailed” with the remailing date and mailed to the correct correspondence address. The period running against the application begins with the date of remailing. If the Office action was mailed to the correct correspondence address, a letter along with a copy of the Office action may be sent to the applicant, or the first named inventor if more than one inventor is the applicant, informing the applicant of the returned action. If the original correspondence address was the same address as the first named inventor, the Office action may be sent to the second named inventor where one exists. The time period for reply to the Office action may be restarted, if appropriate, to run from the mailing date of the letter informing applicant of the returned action. For discussion of when it is appropriate to reset or restart a reply period, see MPEP § 710.06.

Jump to MPEP SourceAccess to CorrespondenceAccess to Prosecution HistoryIdentifying the Application
MPEP GuidancePermittedAlways
[mpep-707-13-c5f00e72822e592325283a01]
Second Named Inventor if Original Correspondence Same as First Inventor
Note:
If the original correspondence address matches the first named inventor, an Office action can be sent to the second named inventor instead.

Office actions are sometimes returned to the Office because the United States Postal Service has not been able to deliver them. Upon receipt of the returned Office action, the Technology Center (TC) technical support staff will check the application file record to ensure that the Office action was mailed to the correct correspondence address. If the Office action was not mailed to the correct correspondence address, it should be stamped “remailed” with the remailing date and mailed to the correct correspondence address. The period running against the application begins with the date of remailing. If the Office action was mailed to the correct correspondence address, a letter along with a copy of the Office action may be sent to the applicant, or the first named inventor if more than one inventor is the applicant, informing the applicant of the returned action. If the original correspondence address was the same address as the first named inventor, the Office action may be sent to the second named inventor where one exists. The time period for reply to the Office action may be restarted, if appropriate, to run from the mailing date of the letter informing applicant of the returned action. For discussion of when it is appropriate to reset or restart a reply period, see MPEP § 710.06.

Jump to MPEP SourceAccess to CorrespondenceAccess to Prosecution HistoryIdentifying the Application
Topic

Mailing Date Determination

3 rules
MPEP GuidanceInformativeAlways
[mpep-707-13-11137c7bddc4a16700177626]
Returned Office Actions Must Be Remailed
Note:
Office actions that cannot be delivered by the USPS must be remailed to the correct address, and a letter may inform the applicant of the returned action.

Office actions are sometimes returned to the Office because the United States Postal Service has not been able to deliver them. Upon receipt of the returned Office action, the Technology Center (TC) technical support staff will check the application file record to ensure that the Office action was mailed to the correct correspondence address. If the Office action was not mailed to the correct correspondence address, it should be stamped “remailed” with the remailing date and mailed to the correct correspondence address. The period running against the application begins with the date of remailing. If the Office action was mailed to the correct correspondence address, a letter along with a copy of the Office action may be sent to the applicant, or the first named inventor if more than one inventor is the applicant, informing the applicant of the returned action. If the original correspondence address was the same address as the first named inventor, the Office action may be sent to the second named inventor where one exists. The time period for reply to the Office action may be restarted, if appropriate, to run from the mailing date of the letter informing applicant of the returned action. For discussion of when it is appropriate to reset or restart a reply period, see MPEP § 710.06.

Jump to MPEP SourceMailing Date DeterminationAccess to CorrespondenceAccess to Prosecution History
MPEP GuidanceInformativeAlways
[mpep-707-13-9edf9d7f607f7d0ffa70fc59]
Period Runs from Remailing Date
Note:
The period for responding to an Office action begins on the date it is remailed if the original address was incorrect.

Office actions are sometimes returned to the Office because the United States Postal Service has not been able to deliver them. Upon receipt of the returned Office action, the Technology Center (TC) technical support staff will check the application file record to ensure that the Office action was mailed to the correct correspondence address. If the Office action was not mailed to the correct correspondence address, it should be stamped “remailed” with the remailing date and mailed to the correct correspondence address. The period running against the application begins with the date of remailing. If the Office action was mailed to the correct correspondence address, a letter along with a copy of the Office action may be sent to the applicant, or the first named inventor if more than one inventor is the applicant, informing the applicant of the returned action. If the original correspondence address was the same address as the first named inventor, the Office action may be sent to the second named inventor where one exists. The time period for reply to the Office action may be restarted, if appropriate, to run from the mailing date of the letter informing applicant of the returned action. For discussion of when it is appropriate to reset or restart a reply period, see MPEP § 710.06.

Jump to MPEP SourceMailing Date DeterminationAccess to CorrespondenceAccess to Prosecution History
MPEP GuidancePermittedAlways
[mpep-707-13-9d3791b071f1a6622fa1e914]
Time Period for Reply May Be Restarted Upon Returned Action Notification
Note:
The time period for responding to an Office action may be restarted from the date of mailing a letter informing the applicant of the returned action, as per MPEP § 710.06.

Office actions are sometimes returned to the Office because the United States Postal Service has not been able to deliver them. Upon receipt of the returned Office action, the Technology Center (TC) technical support staff will check the application file record to ensure that the Office action was mailed to the correct correspondence address. If the Office action was not mailed to the correct correspondence address, it should be stamped “remailed” with the remailing date and mailed to the correct correspondence address. The period running against the application begins with the date of remailing. If the Office action was mailed to the correct correspondence address, a letter along with a copy of the Office action may be sent to the applicant, or the first named inventor if more than one inventor is the applicant, informing the applicant of the returned action. If the original correspondence address was the same address as the first named inventor, the Office action may be sent to the second named inventor where one exists. The time period for reply to the Office action may be restarted, if appropriate, to run from the mailing date of the letter informing applicant of the returned action. For discussion of when it is appropriate to reset or restart a reply period, see MPEP § 710.06.

Jump to MPEP SourceMailing Date DeterminationAccess to CorrespondenceAccess to Prosecution History
Topic

Types of Office Actions

2 rules
MPEP GuidanceRecommendedAlways
[mpep-707-13-3df39908be8f02694baf55e8]
Requirement for Submitting Letter and Envelope Copies
Note:
If no communication is received after remailing, the application will be abandoned.

A copy of the letter and a copy of the envelope should be added to the electronic file. If the period dating from the remailing elapses with no communication from applicant, the application is abandoned.

Jump to MPEP SourceTypes of Office ActionsExaminer's Action (37 CFR 1.104)Office Actions and Responses
MPEP GuidanceInformativeAlways
[mpep-707-13-c963cfc74a82885656af9538]
Application Abandoned Without Response
Note:
If the remailing period elapses with no communication from the applicant, the application is abandoned.

A copy of the letter and a copy of the envelope should be added to the electronic file. If the period dating from the remailing elapses with no communication from applicant, the application is abandoned.

Jump to MPEP SourceTypes of Office ActionsExaminer's Action (37 CFR 1.104)Office Actions and Responses

Citations

Primary topicCitation
Access to Correspondence
Mailing Date Determination
MPEP § 710.06

Source Text from USPTO’s MPEP

This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.

BlueIron Last Updated: 2025-12-31