What constitutes an insufficient reply to an Office action in a patent application?

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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. An insufficient reply to an Office action in a patent application is one that fails to address all the grounds of rejection or objection raised in the Office action. The MPEP 711.02(a) states: “Where there is a detailed Office action, applicant must submit a reply addressing every ground of rejection and objection made by the examiner.” Examples of insufficient replies include: Failing to respond to a rejection of some of the claims Not addressing all grounds of rejection for a particular claim Submitting amendments without an accompanying argument explaining how they overcome the rejections An insufficient reply may result in the application being held abandoned. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Express Abandonment of Patent Application MPEP 711 Permitted Attorney Can Abandon Prior Patent Application When Filing Continuing Application MPEP 711 Permitted Abandonment of Patent Application MPEP 711 2 Months to Respond to Office Action MPEP 2266 Requirement for Fully Responsive Reply MPEP 711.02(a) Permitted Reply Required Within Time Period Otherwise Abandoned MPEP 711 Abandonment for Nonresponsive Reply MPEP 711.02(a) Application Must Be Explicitly Abandoned MPEP 711 Amendments Not Saving Application from Abandonment MPEP 711 Reply Required to Save Application from Abandonment MPEP 711 Required Other Related FAQs 5 FAQs Collapse What happens if an applicant fails to reply to a non-final Office action within the period for reply? Can a patent application be revived after abandonment due to an insufficient reply? Can a patent application be revived after abandonment due to an insufficient reply? Can a patent application be revived after abandonment d...