How does the USPTO handle petitions in applications abandoned for failure to timely reply?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

The USPTO has specific procedures for handling petitions in applications abandoned for failure to timely reply. These procedures depend on whether the applicant received the Office action or notice requiring a reply.

According to MPEP 711.03(c):

‘If an applicant receives an Office action or notice requiring a reply and fails to file a reply within the applicable period for reply, the application will become abandoned unless an Office action or notice indicates otherwise.’

The handling of petitions in such cases typically follows these steps:

• If the applicant claims non-receipt of the Office action, the USPTO will investigate the allegation.
• If non-receipt is established, the holding of abandonment may be withdrawn and a new Office action issued.
• If the applicant received the Office action but failed to reply timely, a petition for revival of an abandoned application under 37 CFR 1.137 may be necessary.

The specific requirements and procedures for these petitions are detailed in the MPEP and depend on the circumstances of each case.