What is a ‘holding based on insufficiency of reply’ in patent examination?
A ‘holding based on insufficiency of reply’ occurs when a patent examiner determines that an applicant’s response to an office action is incomplete or inadequate. This holding can lead to the application being considered abandoned. However, as stated in MPEP 711.03(a):
Applicant may deny that the reply was incomplete. While the primary examiner has no authority to act upon an application in which no action by applicant was taken during the period for reply, he or she may reverse his or her holding as to whether or not an amendment received during such period was responsive and act on an application of such character which he or she has previously held abandoned.
This means that if an applicant believes their reply was complete, they can contest the examiner’s holding, and the examiner has the authority to reconsider and potentially reverse their decision.
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