What are the consequences of submitting a non-responsive patent amendment?
Submitting a non-responsive patent amendment can lead to delays in the examination process and potential abandonment of your application if not addressed promptly. According to MPEP 714.04:
An amendment failing to point out the patentable novelty which the applicant believes the claims present in view of the state of the art disclosed by the references cited or the objections made may be held to be not fully responsive and a time period set to furnish a proper reply if the statutory period has expired or almost expired
The consequences of a non-responsive amendment may include:
- The examiner setting a new time period for a proper reply
- Potential abandonment of the application if a proper response is not filed within the set time period
- Delays in the overall examination process
To avoid these issues, always ensure your amendments clearly address all rejections and objections while pointing out the patentable novelty of your claims.
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