How does the USPTO handle applications abandoned due to failure to timely reply?
The USPTO has specific procedures for handling applications abandoned due to failure to timely reply. According to MPEP 711.04(c):
Where an applicant contends that the application is not in fact abandoned (e.g., there is disagreement as to the sufficiency of the reply, or as to controlling dates), a petition under 37 CFR 1.181(a) requesting withdrawal of the holding of abandonment is the appropriate course of action, and such petition does not require a fee.
This means that if an applicant believes their application was incorrectly deemed abandoned, they can file a petition to contest the decision without incurring additional fees. It’s important for applicants to understand this option if they disagree with an abandonment decision.
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