What happens if an applicant fails to reply within the given time period?
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 within the given time period, the application will generally become abandoned. According to 37 CFR 1.135(a):
“If an applicant of a patent application fails to reply within the time period provided under § 1.134 and § 1.136, the application will become abandoned unless an Office action indicates otherwise.”
It’s important to note that extensions of time may be available under certain circumstances to avoid abandonment.