When should I inquire about the status of my amended patent application?
For amended patent applications, it’s important to understand the expected timelines and when it’s appropriate to make a status inquiry:
- Examiners are expected to act on amended applications within two months of receiving them.
- A status inquiry is generally not necessary until 5-6 months have passed without a response from the USPTO.
- If six months elapse without a response, you should inquire to avoid potential abandonment.
The MPEP advises: Amended applications are expected to be taken up by the examiner and an action completed within two months of the date the examiner receives the application. Accordingly, a status inquiry is not in order after reply by the attorney until 5 or 6 months have elapsed with no response from the Office.
(MPEP 203.08)
It further states: However, in the event that a six month period has elapsed, and no response from the Office is received, applicant should inquire as to the status of the application to avoid potential abandonment.
For making inquiries, the MPEP recommends: Applicants are encouraged to use Patent Center or Private PAIR to make status inquiries.
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