What forms should I use for express abandonment to avoid publication?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

The MPEP specifies different forms based on the application filing date:

• For applications filed on or after September 16, 2012: Use form PTO/AIA/24A
• For applications filed before September 16, 2012: Use form PTO/SB/24A

These forms are specifically designed for filing a petition for express abandonment to avoid publication under 37 CFR 1.138(c).

The MPEP also provides guidance on filing methods:

“File the petition electronically using EFS-Web, or mail the petition to Mail Stop Express Abandonment, or transmit the petition via facsimile to the Office at (571) 273-8300 (see MPEP § 1730).”

Filing electronically via EFS-Web is recommended as it increases the chances of the petition being received by the appropriate officials in sufficient time to avoid publication.