MPEP § 714.17 — Amendment Filed After the Period for Reply Has Expired (Annotated Rules)
§714.17 Amendment Filed After the Period for Reply Has Expired
This page consolidates and annotates all enforceable requirements under MPEP § 714.17, 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.
Amendment Filed After the Period for Reply Has Expired
This section addresses Amendment Filed After the Period for Reply Has Expired. Primary authority: 37 CFR 1.136(a). Contains: 1 requirement and 1 prohibition.
Key Rules
Automatic Extension (1.136(a))
When an application is not prosecuted within the period set for reply and thereafter an amendment is filed without a petition for extension of time and fee pursuant to 37 CFR 1.136(a), such amendment shall be placed in the file of the application, but not formally entered. The technical support staff shall immediately notify the applicant, by telephone and letter, that the amendment was not filed within the time period and therefore cannot be entered and that the application is abandoned unless a petition for extension of time and the appropriate fee are timely filed. See MPEP § 711.02.
When an application is not prosecuted within the period set for reply and thereafter an amendment is filed without a petition for extension of time and fee pursuant to 37 CFR 1.136(a), such amendment shall be placed in the file of the application, but not formally entered. The technical support staff shall immediately notify the applicant, by telephone and letter, that the amendment was not filed within the time period and therefore cannot be entered and that the application is abandoned unless a petition for extension of time and the appropriate fee are timely filed. See MPEP § 711.02.
Extension of Time (37 CFR 1.136)
See MPEP § 710.02(e) for a discussion of the requirements of 37 CFR 1.136(a).
Citations
| Primary topic | Citation |
|---|---|
| Automatic Extension (1.136(a)) Extension of Time (37 CFR 1.136) | 37 CFR § 1.136(a) |
| Extension of Time (37 CFR 1.136) | MPEP § 710.02(e) |
| Automatic Extension (1.136(a)) | MPEP § 711.02 |
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 § 714.17 — Amendment Filed After the Period for Reply Has Expired
Source: USPTO714.17 Amendment Filed After the Period for Reply Has Expired [R-08.2012]
When an application is not prosecuted within the period set for reply and thereafter an amendment is filed without a petition for extension of time and fee pursuant to 37 CFR 1.136(a), such amendment shall be placed in the file of the application, but not formally entered. The technical support staff shall immediately notify the applicant, by telephone and letter, that the amendment was not filed within the time period and therefore cannot be entered and that the application is abandoned unless a petition for extension of time and the appropriate fee are timely filed. See MPEP § 711.02.
See MPEP § 710.02(e) for a discussion of the requirements of 37 CFR 1.136(a).