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