What are the consequences of not replying to an Office action within the set time period?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 10 Rules 5 Related FAQs 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. If an applicant fails to reply to an Office action within the set time period, there can be serious consequences for the patent application. According to MPEP 704.13 : “Failure to reply within the time period provided under 37 CFR 1.134 and 1.136 will result in abandonment of the application.” This means that if you don’t respond to the Office action by the deadline (including any extensions), your patent application will be considered abandoned. To continue pursuing patent protection, you would need to file a petition to revive the application, which may involve additional fees and explanation of the delay. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Petition to Withdraw or Modify 105 Requirement MPEP 704.14(c) Permitted Applicant May Extend Reply Time Up to Six Months MPEP 704.13 Permitted Requirement for Reply to Information Request MPEP 704.13 Requirement for Office Actions for Patent Term Adjustment MPEP 704.13 Petitions Do Not Extend Reply Period for 37 CFR 1.105 Requirement MPEP 704.14(c) Two-Month Reply Period for Information Requests Without Merit Action MPEP 704.13 Recommended Requirement for Reply to Information Request MPEP 704.10 Assignee Must Provide Known Information MPEP 704.10 Required Requirement for Information Necessary to Examination MPEP 704.10 Examiner Can Require Reasonably Necessary Info MPEP 704.10 Permitted Other Related FAQs 5 FAQs Collapse How are time periods calculated for Office action responses? What are the consequences of failing to reply within the specified time period for Office actions? Are there any exceptions to the standard reply periods for USPTO Office actions? Can the time period for responding to an Office action...