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.

To learn more:

Tags: abandoned application, patent application, Petition To Revive