What is a ‘holding based on insufficiency of reply’ in patent examination?
A ‘holding based on insufficiency of reply’ occurs when a patent examiner determines that an applicant’s response to an office action is incomplete or inadequate. This holding can lead to the application being considered abandoned. However, as stated in MPEP 711.03(a): Applicant may deny that the reply was incomplete. While the primary examiner has no…
Read MoreHow can an applicant contest a holding of insufficiency of reply?
An applicant can contest a holding of insufficiency of reply by asserting that their reply was, in fact, complete and responsive. MPEP 711.03(a) states: Applicant may deny that the reply was incomplete. If an applicant believes their reply was sufficient, they can communicate this to the USPTO, typically by filing a petition or response explaining…
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