What happens if an applicant fails to reply within the statutory 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 statutory period, the application becomes abandoned. According to MPEP 711.03(b):

An application becomes abandoned if applicant ‘fails to reply’ to an Office action within the fixed statutory period.

This means the application is no longer pending and will not be examined further unless revived.

Tags: application abandonment, Failure To Reply, statutory period