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.
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