Q: How long do applicants have to respond after being notified of a patent practitioner's death?

According to MPEP 406 , when the USPTO notifies an applicant of their patent practitioner's death, the applicant is given a specific timeframe to respond. The MPEP states: "The period for reply to such a notice is normally set at 3 months." During this 3-month period, the applicant must take one of the following actions: Appoint a new registered patent practitioner File a change of correspondence address It's crucial to respond within this timeframe to prevent the application from being deemed abandoned. For more information on application abandonment, visit: application abandonment . For more information on patent practitioner death, visit: patent practitioner death . For more information on response time, visit: response time . For more information on USPTO notification, visit: USPTO notification .

Question 1

How long do applicants have to respond after being notified of a patent practitioner's death?

Accepted Answer

According to MPEP 406, when the USPTO notifies an applicant of their patent practitioner's death, the applicant is given a specific timeframe to respond. The MPEP states:

"The period for reply to such a notice is normally set at 3 months."

During this 3-month period, the applicant must take one of the following actions:

Appoint a new registered patent practitioner
File a change of correspondence address

It's crucial to respond within this timeframe to prevent the application from being deemed abandoned.

For more information on application abandonment, visit: application abandonment.

For more information on patent practitioner death, visit: patent practitioner death.

For more information on response time, visit: response time.

For more information on USPTO notification, visit: USPTO notification.

Question 2

What are the time limits for responding to a requirement for information in patent applications?

Accepted Answer

What are the time limits for responding to a requirement for information in patent applications?

The time limits for responding to a requirement for information in patent applications are as follows:

For non-final Office actions: The response period is typically two months, which may be extended up to six months from the Office action mailing date.
For final Office actions: The response period is usually three months, which may be extended up to six months from the Office action mailing date.

According to MPEP 704.11(b): A requirement for information is subject to the provisions of 37 CFR 1.134, 1.135, and 1.136, and thus may be responded to by the applicant after expiration of the time period set in the requirement, as in the case of any Office action without a fixed response time.

It's important to note that extensions of time may require additional fees, and failure to respond within the set time limit may result in abandonment of the application.

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MPEP 400 – Representative of Applicant or Owner (1)

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