What constitutes a fully responsive reply to a non-final Office action?
A fully responsive reply to a non-final Office action must address all objections and rejections raised by the examiner. According to MPEP 714.02: ‘The reply must present arguments pointing out the specific distinctions believed to render the claims, including any newly presented claims, patentable over any applied references.’ This means that applicants should: Respond to…
Read MoreWhat happens if an applicant fails to reply to a non-final Office action within the period for reply?
If an applicant fails to reply to a non-final Office action within the period for reply, the application becomes abandoned. According to MPEP 711.02(a), “An application becomes abandoned if applicant ‘fails to reply’ to an office action within the fixed statutory period.” This is based on 35 U.S.C. 133. The examiner should note the failure…
Read MoreWhat happens if an applicant fails to reply to a non-final Office action within the period for reply?
If an applicant fails to reply to a non-final Office action within the period for reply, the application becomes abandoned. According to MPEP 711.02(a): An application becomes abandoned if applicant ‘fails to reply’ to an office action within the fixed statutory period. This failure may result either from (A) failure to reply within the statutory…
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