37 CFR § 1.135 — Abandonment for failure to reply within time (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.135 Abandonment for failure to reply within time
This page consolidates MPEP guidance interpreting 37 CFR § 1.135, including 141 rules from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Summary
This section addresses the consequences of not replying to an Office action or paper requiring a signature within the specified timeframe, emphasizing secure communication methods and prohibiting email.
What this section covers
- This section addresses the consequences of not replying to an Office action or paper requiring a signature within the specified timeframe.
Key obligations
- A reply to an Office action or paper requiring a signature must be communicated in writing and not via email.
- Written authorization for email communication is not sufficient to bypass the prohibition against using email.
- Failure to comply with these requirements results in abandonment of the application.
Practice notes
- Ensure all communications are in writing and follow the prescribed methods to avoid abandonment.
- Be aware of the risks associated with using email for any response to an Office action or paper requiring a signature.
Official MPEP § 1.135 — Abandonment for failure to reply within time
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.135 Abandonment for failure to reply within time period.
- (a) If an applicant of a patent application fails to reply within the time period provided under § 1.134 and § 1.136 , the application will become abandoned unless an Office action indicates otherwise.
- (b) Prosecution of an application to save it from abandonment pursuant to paragraph (a) of this section must include such complete and proper reply as the condition of the application may require. The admission of, or refusal to admit, any amendment after final rejection or any amendment not responsive to the last action, or any related proceedings, will not operate to save the application from abandonment.
- (c) When reply by the applicant is a bona fide attempt to advance the application to final action, and is substantially a complete reply to the non-final Office action, but consideration of some matter or compliance with some requirement has been inadvertently omitted, applicant may be given a new time period for reply under § 1.134 to supply the omission.
[Paras. (a), (b), and (c), 47 FR 41272, Sept. 17, 1982, effective Oct. 1, 1982; para. (d) deleted, 49 FR 555, Jan. 4, 1984, effective Apr. 1, 1984; revised, 62 FR 53132, Oct. 10, 1997, effective Dec. 1, 1997]
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