What happens if a reply to an Office action is filed after the application is considered abandoned?
If a reply to an Office action is filed after the application is considered abandoned, the following may occur:
- The reply may be treated as a petition to revive the application.
- The examiner may consider the reply if it was filed within a reasonable time after the period for reply.
- If the reply was not filed within a reasonable time, a petition to revive may be required.
MPEP 711.04(a) provides guidance: ‘An examiner’s holding of abandonment when the reply period has expired is reviewed by the Office of Petitions.’ This means that if there’s a dispute about the abandonment, it can be reviewed by the appropriate USPTO office.
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