When is a patent application considered abandoned?
A patent application is considered abandoned when a timely reply to an Office action is not filed within the statutory period or any extended period granted. The MPEP 710.01(a) states:
When a timely reply is ultimately not filed, the application is regarded as abandoned after midnight of the date the period for reply expired.
For example, if the reply was due on May 31 and no further extensions were obtained, the application would be abandoned as of June 1, even if June 1 is a Saturday, Sunday, or federal holiday. The abandonment date is based on the last day of the reply period, not the next business day. For more detailed information on abandonment dates, refer to MPEP § 711.04(a).
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