How does the USPTO handle amendments received after the period for reply has expired?
The USPTO has specific procedures for handling amendments received after the period for reply has expired. 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 examiner will typically:
- Not enter the amendment into the application
- Notify the applicant that the amendment cannot be entered
- Explain that the application is considered abandoned
- Provide information about possible remedies, such as filing a petition to revive or an RCE
It’s important to note that while the amendment itself won’t be entered, the USPTO will still process and retain the document as part of the application file.
To learn more: