What happens if I respond to a USPTO Office action after the statutory period expires?
If you respond to a USPTO Office action after the statutory period expires, your application may be considered abandoned. According to MPEP 710.01:
‘If an applicant is required to reply within a nonstatutory or shortened statutory time period, applicant may extend the time period for reply up to the maximum 6-month period set by statute. […] Failure to reply within the set or extended period for reply will result in abandonment of the application.’
To avoid abandonment, it’s crucial to respond within the set period or file for an extension before the deadline. If your application is abandoned, you may need to file a petition to revive, which can be costly and time-consuming. Always aim to respond within the given timeframe or seek an extension if needed.
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