What happens if an amendment is filed after the expiration of the statutory period?
If an amendment is filed after the expiration of the statutory period and is not considered timely under 35 U.S.C. 21 and 37 CFR 1.7, the following occurs:
- The application is considered abandoned
- The remedy is to petition to revive the application
- The examiner notifies the applicant or their representative of the abandonment using Notice of Abandonment form PTOL-1432
- The late amendment is placed in the file wrapper but not formally entered
As stated in the MPEP: “When an amendment is filed after the expiration of the statutory period and is not considered timely under 35 U.S.C. 21 and 37 CFR 1.7, the application is abandoned and the remedy is to petition to revive it.“
For more information on handling late amendments, see MPEP § 714.17.
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