What happens if an applicant misses a shortened statutory period for reply?
If an applicant misses a shortened statutory period for reply, even by one day, the entire application is considered abandoned. The MPEP clearly states: A reply 1 day late in an application carrying a shortened statutory period under 35 U.S.C. 133, no matter what the excuse, results in abandonment.
However, it’s important to note that abandonment due to missing a statutory period is not necessarily final. The MPEP also mentions: Abandonment of an application is not appealable, but a petition to revive may be granted if the delay was unintentional (37 CFR 1.137(a)).
This means that applicants may have the opportunity to revive an abandoned application if they can demonstrate that the delay was unintentional.
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