How does the USPTO determine if a reply was timely filed to avoid abandonment?
The USPTO determines if a reply was timely filed by considering several factors, including the date of receipt and the type of correspondence. According to MPEP 711.03(c):
The Office letter may have contained an incorrect date for the period for reply. If the postmark on the envelope is earlier than the expiration date of the period for reply set in the Office action, the petition with evidence of such postmark may be granted.
Key points to consider:
- The postmark date on the envelope containing the reply
- The actual receipt date at the USPTO
- Any certificate of mailing or transmission under 37 CFR 1.8
- Express Mail provisions under 37 CFR 1.10 for ‘Date In’ marking
If there’s evidence that the reply was mailed or transmitted before the period for reply expired, the USPTO may withdraw the holding of abandonment.
To learn more: