How can patent applicants avoid abandonment of their application?

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.

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Tags: Abandonment Prevention, office action response, patent application, patent procedure