What happens if an applicant fails to respond to a request for a property rights statement?

If an applicant fails to respond to a request for a property rights statement, there can be serious consequences for the patent application. According to MPEP 150:

If no proper and timely statement is received, the application will be held abandoned and the applicant so notified.

The process typically involves:

• An initial informal request (45-Day Letter)
• If no response or if the statement is defective, a formal request is made with a 30-day statutory period for response
• No extensions are available for this 30-day period
• Failure to respond properly results in the application being held abandoned

However, abandoned applications may be revived under the provisions of 37 CFR 1.137, as noted in the case of In re Rutan, 231 USPQ 864 (Comm’r Pat. 1986).

For more information on patent applications, visit: patent applications.

For more information on revival, visit: revival.