How does abandonment of a patent application affect priority claims?
Abandonment of a patent application can significantly affect priority claims, particularly for continuing applications. The MPEP 711.02 notes:
“Where the application is abandoned after the close of prosecution as defined in MPEP § 711.03(c), the failure to take any necessary action prior to the expiration of the period for reply in the last Office action (or notice) will result in abandonment of the application.”
If an application becomes abandoned, it may break the chain of priority for any subsequent continuing applications. This can result in the loss of earlier filing date benefits and potentially affect the patentability of related inventions.
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