37 CFR 1.135 — Abandonment for failure to reply within time period
Ninth Edition, Revision 01.2024
- (a) If an applicant of a patent application fails to reply within the time period provided under § 1.134 and § 1.136 , the application will become abandoned unless an Office action indicates otherwise.
- (b) Prosecution of an application to save it from abandonment pursuant to paragraph (a) of this section must include such complete and proper reply as the condition of the application may require. The admission of, or refusal to admit, any amendment after final rejection or any amendment not responsive to the last action, or any related proceedings, will not operate to save the application from abandonment.
- (c) When reply by the applicant is a bona fide attempt to advance the application to final action, and is substantially a complete reply to the non-final Office action, but consideration of some matter or compliance with some requirement has been inadvertently omitted, applicant may be given a new time period for reply under § 1.134 to supply the omission.
[Paras. (a), (b), and (c), 47 FR 41272, Sept. 17, 1982, effective Oct. 1, 1982; para. (d) deleted, 49 FR 555, Jan. 4, 1984, effective Apr. 1, 1984; revised, 62 FR 53132, Oct. 10, 1997, effective Dec. 1, 1997]
Cited authority
Cited by
- 1207.03(c) Appellant's Reply to New Grounds of Rejection
- 1207.05 Substitute Examiner’s Answer
- 1453 Amendments to Reissue Applications
- 2266 Responses
- 2266.01 Submission Not Fully Responsive to Non-Final Office Action
- 2730 Applications Filed on or After May 29, 2000; Grounds for Adjustment
- 2732 Reduction of Period of Adjustment of Patent Term
- 502.03 Communications via Internet Electronic Mail (email)
- 608.02(b) Acceptability of Drawings
- 608.02(p) Correction of Drawings
- 704.10 Requirements for Information
- 704.12(c) Treatment of an Incomplete Reply
- 704.13 Time Periods for Reply
- 704.14(a) Format of the Requirement
- 706.07(h) Request for Continued Examination (RCE) Practice
- 708.02(a) Accelerated Examination
- 710.01 Statutory Period
- 710.02 Shortened Statutory Period and Time Limit Actions Computed
- 710.02(e) Extension of Time
- 711 Abandonment of Patent Application
- 711.01 Express or Formal Abandonment
- 711.02 Failure To Take Required Action During Statutory Period
- 711.03(c) Petitions Relating to Abandonment
- 713.01 General Policy, How Conducted
- 713.04 Substance of Interview Must Be Made of Record
- 714.01(a) Unsigned or Improperly Signed Amendment
- 714.02 Must Be Fully Responsive
- 714.03 Amendments Not Fully Responsive, Action To Be Taken
- 714.03(a) Supplemental Amendment
- 714.12 Amendments and Other Replies After Final Rejection or Action
- 37 CFR 1.85 Corrections to drawings
- 37 CFR 1.105 Requirements for information
- 37 CFR 1.105 (pre-AIA) Requirements for information
- 37 CFR 1.111 Reply by applicant or patent owner to a non-final Office action
- 37 CFR 1.116 Amendments and affidavits or other evidence after final action and prior to appeal
- 37 CFR 1.133 Interviews
- 37 CFR 1.136 Extensions of time
- 37 CFR 1.704 Reduction of period of adjustment of patent term