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