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What is the date of abandonment for a patent application with a non-final Office action?

By russ.krajec@blueironip.com | September 10, 2024

For a patent application with a non-final Office action, the date of abandonment is determined as follows: If no reply is filed, the application becomes abandoned on the day after the due date for reply. If a reply is filed, but it’s incomplete or not fully responsive, the application becomes abandoned on the day after…

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How does the USPTO treat a bona fide but incomplete reply to a non-final Office action?

By russ.krajec@blueironip.com | September 10, 2024

The USPTO may treat a bona fide but incomplete reply to a non-final Office action as complete under certain circumstances. According to MPEP 711.02(a): “A reply to a non-final Office action that is bona fide but includes an omission may be treated by the examiner as complete. See MPEP § 714.03.” This means that if…

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Can a request for suspension of action be filed after a non-final Office action?

By russ.krajec@blueironip.com | September 10, 2024

Can a request for suspension of action be filed after a non-final Office action? Yes, a request for suspension of action can be filed after a non-final Office action, but there are specific requirements. According to MPEP 709: “A request for suspension of action, if filed after the date of issue or allowance of an…

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