What happens if a reply to an Office action is filed after the application is considered abandoned?

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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 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Extension of Reply Period Due to Office Closure MPEP 711.04(a) Permitted Abandonment After Non-Final Office Action Deadline MPEP 711.04(a) Permitted 3 Month Period After Non-Final Office Action Expired MPEP 711.04(a) Permitted 3 Month Reply Period After Non-Final Office Action MPEP 711.04(a) Permitted 3 Month Period After Non-Final Office Action Expiration MPEP 711.04(a) Permitted Express Abandonment of Patent Application MPEP 711 Permitted New Time Period for Inadvertently Omitted Matter in Reply to Non-Final Office Action MPEP 711 Permitted Attorney Can Abandon Prior Patent Application When Filing Continuing Application MPEP 711 Permitted Abandonment of Patent Application MPEP 711 Abandonment Date for Expired Reply Period MPEP 711.04(a) Permitted Other Related FAQs 5 FAQs Collapse What happens if a notice of appeal is filed but no appeal brief is submitted? Can the date of abandonment be different from the date on the Notice of Abandonment? How is the date of abandonment determined for a pate...