What happens if an applicant fails to respond to a non-responsive amendment notice?

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 respond to a notice of non-responsive amendment within the given two-month period, the consequences can be severe. According to MPEP 714.03:

“Failure to take any action within the TWO-MONTH period will result in abandonment of the application.”

This means that:

• The application will be considered abandoned if no response is received
• The applicant loses the right to continue prosecution of the application
• To revive the application, the applicant would need to file a petition for revival, which may incur additional fees and delay

It’s crucial for applicants to respond promptly to non-responsive amendment notices to avoid abandonment and maintain their patent rights. If unable to fully address the issues within the two-month period, applicants should consider filing an extension of time request or contacting the examiner for guidance.