What happens if an applicant fails to reply to a patent office action within the given period?
If an applicant fails to reply to a patent office action within the given period, the application is considered abandoned. According to 35 U.S.C. 133:
‘Upon failure of the applicant to prosecute the application within six months after any action therein, of which notice has been given or mailed to the applicant, or within such shorter time, not less than thirty days, as fixed by the Director in such action, the application shall be regarded as abandoned by the parties thereto.’
This means that if no response is received within the specified time frame (either six months or a shorter period set by the USPTO), the application is abandoned, and the applicant loses their filing date and any priority claims.
To learn more: