MPEP § 711.03(b) — Holding Based on Failure To Reply Within Period (Annotated Rules)
§711.03(b) Holding Based on Failure To Reply Within Period
This page consolidates and annotates all enforceable requirements under MPEP § 711.03(b), 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 Failure To Reply Within Period
This section addresses Holding Based on Failure To Reply Within Period. Contains: 3 permissions.
Key Rules
Period for Reply (37 CFR 1.134)
However, the examiner and the applicant may disagree as to the date on which the period for reply commenced to run or ends. In this situation, as in the situation involving sufficiency of reply, the applicant may take issue with the examiner and point out to him or her that his or her holding was erroneous.
However, the examiner and the applicant may disagree as to the date on which the period for reply commenced to run or ends. In this situation, as in the situation involving sufficiency of reply, the applicant may take issue with the examiner and point out to him or her that his or her holding was erroneous.
Patent Term Expiration
When an amendment reaches the U.S. Patent and Trademark Office after the expiration of the period for reply and there is no dispute as to the dates involved, no question of reconsideration of a holding of abandonment can be presented.
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.
Official MPEP § 711.03(b) — Holding Based on Failure To Reply Within Period
Source: USPTO711.03(b) Holding Based on Failure To Reply Within Period [R-08.2012]
When an amendment reaches the U.S. Patent and Trademark Office after the expiration of the period for reply and there is no dispute as to the dates involved, no question of reconsideration of a holding of abandonment can be presented.
However, the examiner and the applicant may disagree as to the date on which the period for reply commenced to run or ends. In this situation, as in the situation involving sufficiency of reply, the applicant may take issue with the examiner and point out to him or her that his or her holding was erroneous.