What are the conditions for abandonment of an international application in the United States?
The abandonment of an international application in the United States is governed by specific legal provisions. According to MPEP 211.01(c), which cites 35 U.S.C. 371(d):
35 U.S.C. 371(d) indicates that failure to timely comply with the requirements of 35 U.S.C. 371(c) ‘shall be regarded as abandonment of the application by the parties thereof.’
This means that an international application designating the United States will be considered abandoned if the applicant fails to meet the requirements for entering the national stage under 35 U.S.C. 371(c) within the specified time limits. These requirements typically include submitting necessary documents, paying required fees, and providing an English translation of the application if it was not originally filed in English.
For more information on national stage entry, visit: national stage entry.