How can patent applicants avoid abandonment of their application?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

To avoid abandonment of a patent application, applicants should ensure their responses are completely responsive to the preceding Office action. According to MPEP 714.05:

“If found inadequate, and sufficient time remains, applicant should be notified of the deficiencies and warned to complete the reply within the period.”

To avoid abandonment, applicants should:

• Submit responses well before the end of the reply period
• Ensure all requirements in the Office action are addressed
• Comply with all applicable regulations, especially 37 CFR 1.121
• Promptly respond to any notifications of deficiencies from the examiner
• If needed, request an extension of time before the reply period expires

For more information on responding to Office actions, refer to MPEP 714.03 and MPEP 714.04.