What happens if an applicant unintentionally delays filing a reply to an Office action?
What happens if an applicant unintentionally delays filing a reply to an Office action?
If an applicant unintentionally delays filing a reply to an Office action beyond the set time period, the application may be considered abandoned. However, the applicant may petition to revive the application under 37 CFR 1.137(a). The MPEP states:
An applicant may petition to revive an application abandoned for failure to timely reply to an Office action. The petition must be accompanied by: (A) the required reply (unless previously filed); (B) the petition fee as set forth in 37 CFR 1.17(m); (C) a statement that the entire delay in filing the required reply from the due date for the reply until the filing of a grantable petition was unintentional; and (D) any terminal disclaimer (and fee as set forth in 37 CFR 1.20(d)) required pursuant to 37 CFR 1.137(d).
It’s important to note that the petition must be filed promptly after the applicant becomes aware of the abandonment. The USPTO may require additional information if the petition is filed more than two years after the date of abandonment.
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