What happens if my express abandonment petition is not recognized in time to avoid publication?
If your express abandonment petition is not recognized in time to avoid publication, the application will be published as scheduled. The MPEP explains:
“If the application is not recognized as abandoned at least four weeks prior to the projected publication date, the Office will not be able to avoid publication of the application.”
Furthermore:
“This does not imply that a request to expressly abandon an application to avoid publication filed prior to this four-week time frame will ensure that the Office will be able to remove an application from publication. The Office simply cannot ensure that it can remove an application from publication or avoid publication of application information any time after the publication process for the application is initiated (about 4 months prior to the projected publication date).”
It’s important to note that once the application is published, you cannot rescind the express abandonment. The application remains abandoned, even if publication occurred.
To learn more: