What is a bona fide attempt to respond in patent applications?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10

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.

A bona fide attempt to respond in patent applications refers to an applicant’s genuine effort to address all the issues raised by the examiner in the previous Office action. According to MPEP 714.03, “A bona fide attempt to respond to the prior Office action must be considered on its merits.” This means that even if an amendment doesn’t fully comply with all requirements, it should still be considered if it shows a sincere attempt to advance the application. The examiner should evaluate the response and determine whether it addresses the substantive issues raised in the Office action, even if it’s not perfect or complete.

Tags: amendments, Bona Fide Response, office action, patent application