35 U.S.C. 133 — Time for prosecuting application
Ninth Edition, Revision 01.2024
Upon failure of the applicant to prosecute the application within six months after any action therein, of which notice has been given or mailed to the applicant, or within such shorter time, not less than thirty days, as fixed by the Director in such action, the application shall be regarded as abandoned by the parties thereto.
(Amended Nov. 29, 1999, Public Law 106-113, sec. 1000(a)(9), 113 Stat. 1501A-582 (S. 1948 sec. 4732(a)(10)(A)); Dec. 18, 2012, Public Law 12-211, sec. 202(b)(5), 126 Stat. 1536.)
Cited by
- 1205.01 Time for Filing Appeal Brief
- 1214.06 Examiner Sustained in Whole or in Part; Claims Require Action
- 1215.04 Dismissal of Appeal
- 1302.04 Examiner’s Amendments and Changes
- 1504 Examination
- 1901.06 Office Treatment of Protest
- 2120.02 Rejections Under 35 U.S.C. 102(a)(1) or Pre-AIA 35 U.S.C. 102(a) or (b): Knowledge by Others, or Public Use, or On Sale
- 2254 Conduct of Ex Parte Reexamination Proceedings
- 2304.02 Applicant Suggestion
- 2304.04(b) Requiring a Claim
- 2411.03 Application in Condition for Allowance Except for Deposit
- 2731 Period of Adjustment
- 2734 Application for Patent Term Adjustment; Due Care Showing
- 502.03 Communications via Internet Electronic Mail (email)
- 508.04 Unlocatable Patent or Application Files
- 608.02 Drawing
- 608.02(b) Acceptability of Drawings
- 704.12(c) Treatment of an Incomplete Reply
- 704.14(a) Format of the Requirement
- 706.07(f) Time for Reply to Final Rejection
- 706.07(h) Request for Continued Examination (RCE) Practice
- 708.02(a) Accelerated Examination
- 710 Period for Reply
- 710.01 Statutory Period
- 710.02 Shortened Statutory Period and Time Limit Actions Computed
- 710.02(b) Shortened Statutory Period: Situations in Which Used
- 710.02(d) Difference Between Shortened Statutory Periods for Reply and Specified Time Limits
- 710.02(e) Extension of Time
- 711.03(c) Petitions Relating to Abandonment
- 713.04 Substance of Interview Must Be Made of Record
- 714.01(a) Unsigned or Improperly Signed Amendment
- 714.03 Amendments Not Fully Responsive, Action To Be Taken
- 714.14 Amendments After Allowance of All Claims
- 821.03 Claims for Different Invention Added After an Office Action
- 35 U.S.C. 267 Time for taking action in Government applications
- 35 U.S.C. 305 Conduct of reexamination proceedings
- 35 U.S.C. 305 (pre-AIA) Conduct of reexamination proceedings
- 35 U.S.C. 314 (pre-AIA) Conduct of inter partes reexamination proceedings