What happens if an applicant fails to reply to a requirement for information?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10

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 applicant fails to reply to a requirement for information, there can be serious consequences for the patent application. According to MPEP 704.14(a):

Quote: “Failure to reply to a requirement for information will result in abandonment of the application.”

This means that if the applicant does not provide the requested information within the specified time period (or obtain an extension), the USPTO will consider the application abandoned. To revive an abandoned application, the applicant would need to file a petition and potentially pay additional fees, which can be a costly and time-consuming process.

Tags: Failure To Reply, Patent Application Abandonment, requirement for information, USPTO procedures