What happens if I miss the deadline for responding to an Office action in a patent application?
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 you miss the deadline for responding to an Office action, your patent application may be considered abandoned. According to MPEP 711, ‘Abandonment may be either of the invention or of an application. This section relates to abandonment of the application for patent.’ The MPEP further states:
‘An application becomes abandoned if applicant does not reply within the fixed statutory period. This period may be extended under some circumstances.’
However, you may have options to revive the application under certain circumstances. It’s crucial to respond promptly to all Office actions to avoid abandonment.