How does the USPTO notify applicants of application abandonment?
The USPTO has a specific procedure for notifying applicants when their patent applications become abandoned. According to the MPEP:
The Patent Examining Corps currently mails to the correspondence address of record, a Notice of Abandonment form PTOL-1432 in all applications which become abandoned for failure to prosecute.
However, it’s crucial to understand that:
- Failure to receive this notice does not affect the abandoned status of an application.
- The notice is intended to enable applicants to take prompt action to reinstate an inadvertently abandoned application.
- In most cases, a petition to revive under 37 CFR 1.137 is the appropriate remedy for reinstatement.
Applicants should ensure their correspondence address is up-to-date with the USPTO to receive these important notices. The MPEP advises, it is imperative that a paper notifying the Office of a change of address be filed promptly in each application in which the correspondence address is to be changed
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