Can an express abandonment of a patent application be withdrawn?
Generally, an express abandonment of a patent application cannot be withdrawn once it has been recognized by the Office. As stated in MPEP 711.01:
‘An express abandonment, when recognized by the Office, is generally not withdrawable.’
However, there are rare exceptions where the Office may allow withdrawal of an express abandonment:
- If the abandonment was not properly signed
- If the abandonment was filed in an application that was not pending
- In extraordinary situations, to prevent injustice
It’s important to note that these exceptions are extremely rare, and applicants should carefully consider their decision before filing an express abandonment.
To learn more: