What happens if an applicant submits a non-responsive reply to an Office action?

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 submits a non-responsive reply to an Office action, the examiner may take specific actions. According to MPEP 714.02:

‘The examiner should not simply return or mail the papers to applicants as nonresponsive.’

Instead, the following steps may occur:

• The examiner may issue a notice of non-responsive amendment
• The applicant will be given a time period (usually 1 month or 30 days) to supply a complete reply
• If no proper reply is received within the time period, the application may be abandoned
• In some cases, the examiner may contact the applicant to clarify the response or request a supplemental reply

It’s crucial for applicants to ensure their replies are fully responsive to avoid delays or potential abandonment of their application.