MPEP § 711.03(a) — Holding Based on Insufficiency of Reply (Annotated Rules)

§711.03(a) Holding Based on Insufficiency of Reply

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

This page consolidates and annotates all enforceable requirements under MPEP § 711.03(a), 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.

Holding Based on Insufficiency of Reply

This section addresses Holding Based on Insufficiency of Reply. Contains: 1 permission.

Key Rules

Topic

Period for Reply (37 CFR 1.134)

1 rules
MPEP GuidancePermittedAlways
[mpep-711-03-a-cb398fbbadf6ab7af492999f]
Primary Examiner May Reverse Holding on Responsive Amendment During Reply Period
Note:
The primary examiner can reconsider if an amendment was responsive during the reply period and take action, even if the application was previously considered abandoned.

While the primary examiner has no authority to act upon an application in which no action by applicant was taken during the period for reply, he or she may reverse his or her holding as to whether or not an amendment received during such period was responsive and act on an application of such character which he or she has previously held abandoned. This is not a revival of an abandoned application but merely a holding that the application was never abandoned. See also MPEP § 714.03.

Jump to MPEP SourcePeriod for Reply (37 CFR 1.134)

Citations

Primary topicCitation
Period for Reply (37 CFR 1.134)MPEP § 714.03

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