How is the date of abandonment determined for a patent application with a final Office action?

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 date of abandonment for a patent application with a final Office action is determined based on the following scenarios:

• If no reply is filed, the application becomes abandoned on the day after the due date for reply.
• If a reply is filed but doesn’t meet the requirements for continued examination, the application becomes abandoned on the day after the expiration of the statutory period.

MPEP 711.04(a) states: ‘If a final Office action sets a 3-month shortened statutory period for reply with a warning that no extension of time under 37 CFR 1.136(a) will be permitted, and no reply is filed, the application becomes abandoned on the day after the 3-month shortened statutory period expires.’