What happens if an amendment is filed after the expiration of the statutory period for reply?
According to MPEP 714.19, an amendment filed after the expiration of the statutory period or set time period for reply, including any extension thereof, is ordinarily denied entry. The specific provision states: “An amendment filed in the U.S. Patent and Trademark Office after the expiration of the statutory period or set time period for reply…
Read MoreWhat are the potential consequences of relying on late amendments in patent prosecution?
Relying on late amendments in patent prosecution can have several negative consequences: Application abandonment: As stated in MPEP 714.17, late amendments are not entered, potentially leading to abandonment. Loss of patent rights: Abandonment can result in the loss of patent rights if not addressed promptly. Increased costs: Reviving an abandoned application or filing an RCE…
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