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 under 37 CFR 1.105, the consequences are governed by 37 CFR 1.135. According to MPEP § 704.13:
A reply, or a failure to reply, to a requirement for information under 37 CFR 1.105 will be governed by 37 CFR 1.135 and 1.136.
This means that failure to reply within the set period (or extended period) may result in abandonment of the application. Applicants should consult MPEP § 710 et seq. for detailed information on the consequences of failure to reply and potential remedies.