What are the consequences of failing to reply within the specified time period for Office actions?

What are the consequences of failing to reply within the specified time period for Office actions?

Failing to reply within the specified time period for Office actions can have serious consequences for your patent application. According to MPEP 704.13:

“Failure to reply within the time period set in an Office action will result in abandonment of the application or termination of proceedings, see 37 CFR 1.135.”

This means:

• Your application will be considered abandoned
• You may lose your filing date and priority claim
• You may need to file a petition to revive the application, which incurs additional fees and is not guaranteed to be granted

It’s crucial to respond to Office actions within the specified time frame to maintain the active status of your patent application and avoid these potential setbacks.

To learn more:

• Office action
• Time period
• Abandonment
• Patent application
• USPTO