What happens if I miss the six-month statutory period for reply in a patent application?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 10 Rules 5 Related FAQs 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 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Abandonment After Non-Final Office Action Deadline MPEP 711.04(a) Permitted 3 Month Period After Non-Final Office Action Expiration MPEP 711.04(a) Permitted 3 Month Period After Non-Final Office Action Expired MPEP 711.04(a) Permitted Express Abandonment of Patent Application MPEP 711 Permitted New Time Period for Inadvertently Omitted Matter in Reply to Non-Final Office Action MPEP 711 Permitted Attorney Can Abandon Prior Patent Application When Filing Continuing Application MPEP 711 Permitted Abandonment of Patent Application MPEP 711 Time Period for Supplying Omitted Matter MPEP 711.03(c) Permitted Extensions of Time Permitted for Reply MPEP 711.03(c) Permitted Application Must Be Explicitly Abandoned MPEP 711 Other Related FAQs 5 FAQs Collapse What happens if an applicant fails to respond to a request for a property rights statement? When is a provisional patent application considered abandoned? Wha...