What happens if the USPTO fails to send a notice of abandonment?

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 the USPTO fails to send a notice of abandonment, it does not affect the status of the application. According to MPEP 711.03(b):

“The failure to receive a notice of abandonment has no effect on the fact that the application is abandoned.”

This means:

• The application is considered abandoned as of the date it became abandoned due to failure to reply
• The absence of a notice does not change the application’s abandoned status
• Applicants are responsible for tracking reply deadlines independently

However, if you believe the application should not be considered abandoned, you can file a petition under 37 CFR 1.181 to withdraw the holding of abandonment, providing evidence of a timely reply or other reasons why the application should not be abandoned.