TMEP 705.08: Six-Month Response Clause

This is the October 2015 Edition of the TMEP

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705.08    Six-Month Response Clause

Generally, the examining attorney’s letter or Office action should include a “six-month response clause” notifying the applicant that the applicant must respond to the action within six months of the issuance date to avoid abandonment under 15 U.S.C. §1062(b). See TMEP §§711–711.02 regarding the deadline for response to an Office action.

The examining attorney must not include a six-month response clause in an examiner’s amendment (see TMEP §§707–707.03) or suspension notice (see TMEP §§716–716.06), or in a situation where the time for response runs from the issuance date of a previous Office action (see TMEP §§711.01, 715.03(c)).