What constitutes abandonment under pre-AIA 35 U.S.C. 102(c)?

Abandonment under pre-AIA 35 U.S.C. 102(c) requires intentional action by the inventor. According to MPEP 2134:

“Actual abandonment under pre-AIA 35 U.S.C. 102(c) requires that the inventor intend to abandon the invention, and intent can be implied from the inventor’s conduct with respect to the invention.”

This means that the inventor must deliberately surrender their rights to a patent, either expressly or through actions that imply such intent. It’s important to note that “Such intent to abandon the invention will not be imputed, and every reasonable doubt should be resolved in favor of the inventor.“

To learn more:

• abandonment
• intent
• pre-AIA 35 U.S.C. 102(c)
• inventor conduct