712.02 Unsigned Response
The examining attorney should treat an unsigned response as an incomplete response, and should either call the applicant to obtain permission to enter an examiner’s amendment from an authorized party (if appropriate), or issue a notice of incomplete response granting the applicant 30 days, or to the end of the response period for the previous Office action, whichever is longer, to perfect the response, pursuant to 37 C.F.R. §2.65(a)(2). See TMEP §718.03(b). To issue a notice of incomplete response, the examining attorney should use the "Notice of Non-Responsive Amendment" selection for a response to a nonfinal action or the "Continuing Final Action" selection if the response is to a final action. In either instance, the notice of incomplete response must not include a response clause.
If the applicant is neither required to be represented nor is represented by a qualified U.S. attorney and the response does not require a signed verification (see TMEP §§804–804.05), the applicant or a person with legal authority to bind a juristic applicant (e.g., a corporate officer or general partner of a partnership) may either request that the amendment(s) be entered through an examiner’s amendment or submit a properly signed copy of the response. However, if the applicant is required to be represented but has not appointed a qualified U.S. attorney, the applicant may not request the amendment be entered through an examiner’s amendment. See TMEP §§712-712.03. If the applicant is represented by a qualified U.S. attorney, that attorney must submit the response or request entry of an examiner’s amendment. The examining attorney must defer action on the merits of the response until the applicant files a properly signed response.
The substitute response must be personally signed by a qualified U.S. attorney or, if the applicant is not represented by a qualified attorney, by the individual applicant or someone with legal authority to bind a juristic applicant (e.g., a corporate officer or general partner of a partnership). 37 C.F.R. §§2.62(b), 2.193(e)(2), 11.18(a); see TMEP §611.03(b).
If an applicant fails to submit a properly signed response within the time granted under 37 C.F.R. §2.65(a)(2), the examining attorney must hold the application abandoned for failure to file a complete response. See TMEP §718.03. In this situation, the applicant cannot file a petition to revive under 37 C.F.R. §2.66. The applicant’s recourse is to file a petition to the Director to reverse the examining attorney’s holding of abandonment under 37 C.F.R. §2.146. See TMEP §1713.02.