What happens if I miss the six-month statutory period for reply in a patent application?
What happens if I miss the six-month statutory period for reply in a patent application?
If you miss the six-month statutory period for reply in a patent application, your application will be considered abandoned. According to MPEP 711:
The statutory period for reply to an Office action is 6 months (35 U.S.C. 133). When a reply by the applicant is a condition of the application not becoming abandoned, it must be received, placed into the file, or mailed before midnight of the date on which the 6-month statutory period for reply expires.
It’s important to note that abandonment occurs by operation of law. This means that even if the USPTO doesn’t immediately recognize or declare the abandonment, the application is still considered abandoned as soon as the statutory period expires without a proper reply.
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