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What happens if I file an amendment after the period for reply has expired?

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

If you file an amendment after the period for reply has expired, it will generally not be entered. According to MPEP 714.17: An amendment filed after the expiration of the statutory period for reply to an Office action cannot be entered. The applicant may file a continuing application or request for continued examination (RCE) (if…

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Can the USPTO restart the period for reply if there’s an error in an Office action?

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

Yes, the USPTO can restart the period for reply if there’s an error in an Office action, under certain conditions. According to MPEP 710.02(b), Where the citation of a reference is incorrect or an Office action contains some other defect and this error is called to the attention of the Office within 1 month of…

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