What is the date of abandonment for a patent application with a non-final Office action?
For a patent application with a non-final Office action, the date of abandonment is determined as follows:
- If no reply is filed, the application becomes abandoned on the day after the due date for reply.
- If a reply is filed, but it’s incomplete or not fully responsive, the application becomes abandoned on the day after the expiration of any time period set in the prior Office action.
As stated in MPEP 711.04(a): ‘The date of abandonment of an application is the date on which the reply, issue fee, or appeal fee is due under 37 CFR 1.53(f), 1.134, 1.136, 1.181, or 1.550(c) and no such reply, issue fee, or appeal fee has been filed, or the date on which the last pending claim is canceled.’
To learn more: