What is the difference between statutory abandonment and express abandonment?
There are two primary types of abandonment for patent applications: statutory abandonment and express abandonment. The MPEP 711.02 primarily deals with statutory abandonment, which occurs when an applicant fails to take a required action within the statutory period. However, it’s important to understand the distinction:
- Statutory Abandonment: Occurs by operation of law when an applicant fails to respond to an Office action within the set time period. This is described in MPEP 711.02.
- Express Abandonment: Occurs when an applicant deliberately abandons their application by filing a written declaration of abandonment. This is covered in MPEP 711.01.
The key difference is that statutory abandonment is unintentional and can potentially be revived, while express abandonment is a deliberate action by the applicant and is generally irreversible.
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