What happens if an amendment is received after the reply period expires?

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 an amendment reaches the U.S. Patent and Trademark Office (USPTO) after the expiration of the period for reply, and there’s no dispute about the dates involved, the application will be considered abandoned. As stated in MPEP 711.03(b):

When an amendment reaches the U.S. Patent and Trademark Office after the expiration of the period for reply and there is no dispute as to the dates involved, no question of reconsideration of a holding of abandonment can be presented.

In such cases, there’s no opportunity to reconsider the abandonment decision.