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

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

If an applicant fails to reply to a requirement for information under 37 CFR 1.105, the consequences can be severe. According to MPEP 704.10:

An incomplete reply to a 37 CFR 1.105 requirement in a pending application or reexamination proceeding is handled in the same manner as an amendment not fully responsive to a non-final Office action. See 37 CFR 1.135(c) and MPEP § 714.03. Where the reply is a bona fide reply, but an omission is inadvertent, applicant may be given a new time period for reply under 37 CFR 1.134 to supply the omission.

The consequences may include:

• The application being deemed abandoned
• A new time period being set for a complete response
• Potential loss of patent rights

It’s crucial for applicants to respond fully and timely to any requirement for information to avoid these negative outcomes.

To learn more:

• failure to reply
• requirement for information
• 37 CFR 1.105
• consequences

To learn more:

• patent application abandonment
• USPTO procedures