How does filing a late amendment affect the abandonment date of a patent application?
Filing a late amendment does not typically affect the abandonment date of a patent application. The application is considered abandoned as of the day after the due date for the reply. As stated in MPEP 711.02:
An application becomes abandoned if the applicant fails to file a complete and proper reply as the condition of the application requires within the time period provided under 37 CFR 1.134 and 1.136 unless an Office action indicates otherwise.
Key points to remember:
- The abandonment date is based on the original reply deadline, not the date of the late amendment.
- Filing a late amendment does not automatically revive the application or extend the abandonment date.
- To revive the application, you must file a petition to revive or an RCE, as mentioned in MPEP 714.17.
Understanding the abandonment date is crucial for determining the appropriate action to revive the application if desired.
To learn more: